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Vikat Kavi (Advocate)     04 December 2009

Benami Sec.4(2)

Benami case is in progress in court in India. Wife obtained divorce from court in America. What will be the effect on her as Respondent u/s.4(2) Benami Transactions Act,1988. Will she be allowed to defend the case now.


 1 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     04 December 2009

Repeated query in different format.

For applicability of sec.4(2), the reationship at the time of transaction is relevant and not subsequent events. So, subsequent divorce will have no effect on section 4(2) of the Act.

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