Benami property

Umesh Khanna (Querist) 06 August 2018 This query is : Resolved
Sir,
The director with zero income of a Judgment debtor company which has stopped operations of the company after siphoning funds from the company , has bought a house in his wives name in 2011 , the wife has no known source of income too . in affidavit in high court has claimed house was bought from funds from relatives and friends in 2016 . as both the husband and wife don't have known declared source of income to buy a house . Is the house benami ? will the house be considered benami property ?pls advise Regards

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KISHAN DUTT KALASKAR (Expert) 08 August 2018
Dear Sir,
To prove a benami transaction it is very hard and the above facts may not sufficient to attract the provisions of benami Act. However, you have other options to proceed against them.

Umesh Khanna (Querist) 08 August 2018
sir ,
i have complained with MCA and filed a case in NCLT but neither MCA nor NCLT has taken any action,,, as the source of income is not there on record under the new act will it be still difficult to prove?

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