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Sudarshan Rawat   01 January 2026

Bemani transaction

Fiancee has a land in her name. If i gift money to her and she uses those funds to make house in it does it considered bemani transaction or not?

  1. Will the transaction be called bemani after marriage if I also live along with her in her house?
  2. How to property document the gift of money to remove bemani status?
  3. Also any better way to save the property from being benami

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 10 Replies

Dr. J C Vashista (Advocate )     02 January 2026

No, transfer of funds for constrction  of the plot owned by your fiancee is not a benami transaction.

Sudarshan Rawat   02 January 2026

Construction of house will be during unmarried period by money gifted by me.

T. Kalaiselvan, Advocate (Advocate)     02 January 2026

Not benami, provided:

The land is in her name

The house is also constructed in her name

The money is properly documented as a gift.

Sudarshan Rawat   02 January 2026

Sir how to document properly kindly tell

T. Kalaiselvan, Advocate (Advocate)     02 January 2026

You may execute a gift deed in favor of your wife and get it notarised (optional) iwth or without any reason for making this gift to your spouse, sign it, get an acknowledgment, i.e., an endorsement of acceptance of the same from her, secure the document for future disputes/income tax purposes. 

Sudarshan Rawat   02 January 2026

She is not wife yet

P. Venu (Advocate)     02 January 2026

Whatis the contingency that you are contemplating? All the more, why all this speculations and safeguards, if you do trust your girl friend?

Sudarshan Rawat   02 January 2026

Respected sir i am contemplating no contingency. I am just saying that in Benami act, it is written that when the consideration giver gifts money to other unrelated person person, that unrelated person purchases property from that consideration then that is not bemani. But there is a condition that consideration giver(gifter) should not use or take any advantage from that property later on.

But in my case, I, the gifter will be living in the same property with her after marriage, that means using that property.  Only this is where I have doubt please.

kavksatyanarayana (subregistrar/supdt.(retired))     02 January 2026

The same query is in the experts' column and has been replied to.  Why repeated?

Dr. J C Vashista (Advocate )     03 January 2026

Reittion of same story is absurd.


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