Benaami transactions.
deepika menda
(Querist) 12 November 2009
This query is : Resolved
How do I prove that a certain transaction is a benaami transaction?
In a joint family,all the brothers buy property in the names of the wives. When one brother dies and when that brother's wife wants to transfer the property to her sons names, the estate duty officer held that the transferor that is the wife was a benaamidar for her husband who was the real owner of the property and estate duty was charged thereon and paid by the transferees. This was declared in the search title of a particular property. Is this proof enough, and could then all the wives be declared as benaamidars for their husband's properties in this case?
Sachin Bhatia
(Expert) 12 November 2009
No suit, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie by or on behalf of a person claiming to be the real owner of such property.
In the above mention situation wives are the true owner of their respective properties.
Raj Kumar Makkad
(Expert) 12 November 2009
Benami transactions have been abolished from India. Now, the person, in whose name the registration of the property is found, is the real owner and therefore after the death of any person, his legal heirs have become its legally owners ny way of inheritance and they are not entitled to pay any stamp duty and if the same has been charged in the given case, it is illegal and this cannot become a precedent in case of other brothers.
