Benami

Querist : Anonymous (Querist) 29 August 2020 This query is : Resolved
If anyone has purchased a property in someone else name (BENAMI PROPERTY) and the person from whose name property is brought, occupied the land and refuse to vacate.

can the Benami property holder, go to court for eviction of land in this case?

What law says in this situation?

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Rajeev kulshreshtha (Expert) 29 August 2020
No, One can not claim the property as Benami Transactions (Prohibition) Act, 1988 has come into force.

kavksatyanarayana (Expert) 29 August 2020
A transaction in which the real beneficiary is not the one in whose name the property is purchased. So the person in whose name the property is purchased as the real beneficiary.

Isaac Gabriel (Expert) 29 August 2020
Though the benomi was under the control of the purchaser, he has taken chance and became the prospective owner. Now he is the legal owner.of course he is a prudent man.

Dr J C Vashista (Expert) 30 August 2020
Can you prove that it is a Benami property transaction ?
If so, it would attract provisions of Benami Transactions (Prohibition) Act, 1988.

Dr J C Vashista (Expert) 30 August 2020
Your statement vis-a'-vis query is based on presumptions starting the sentence with "If ..." implies it is an academic exercise.

Shilesh Patel (Expert) 30 August 2020
Benami properties are prohibited since 1988. and the person in whose name the property is brought is the real titleholder of the property.

Sudhir Kumar, Advocate (Expert) 30 August 2020
can the Benami property holder, go to court for eviction of land in this case?

Not at all. Rather he can land in difficulty.

Rajendra K Goyal (Expert) 30 August 2020
The author is Anonymous.

Property is Benami.

Purchaser is anyone.

Property purchased in the name of someone.

Someone occupied the property.

A unique query from Anonymous without material facts.

Is there any problem to show identity at any stage or just a test question?

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Rajendra K Goyal (Expert) 30 August 2020
हमारा इम्तिहां करते हो लेकिन
तुम्हारा भी इसी में इम्तिहां है
- मोहम्मद बे-नज़ीर शाह

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Dr J C Vashista (Expert) 30 August 2020
Very well analysed, opined and advised by expert Mr. Rajendra K Goyal, I endorse and appreciate the same.
Prima facie it is an examination hall question paper based on hypothetical facts.

Message likes : 2 times

Rajendra K Goyal (Expert) 31 August 2020
Thanks to expert Dr. J.C. Vashishta ji.

Message likes : 1 times

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