raman (private) 08 December 2012

Benami & hc order

I want to complain about a Benami transaction but my lawyer says i do not have any locus standii in the case and hence can not move the court. But in view of the following order of the Bombay HC, is there a possibility of moving the court. At the moment there is not authority where one can complain under the act of 1988 so the only possibility is moving the court.

Adarsh scam: Invoke Benami Act, says HC (https://www.indianexpress.com/news/adarsh-scam-invoke-benami-act-says-hc/751498/1)

If yes then which court should i move the application?

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5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 09 December 2012

You have not posted the facts of your case so nothing firm can be opined but principally if you come within the ambit of this Act, you can file the case before local civil court wherein such property is situated.

raman (private) 09 December 2012

Facts of the case:

I had given some money to a close relative to buy some property. He bought the property in his father in law's name.He made the payment throught cheque. FIL did not make any payment. After some time FIL transferred the property to his daughter ie to the wife of the person who paid the money.

Now the man is litigating with me and even refuses to return the money. As per Benami transaction act 1988, this is a benami property liable to be acquired and i wish to complain about it But no authorityt had been notified till now.

But in view of the HC order can i complain if so where?

raman (private) 09 December 2012

Chain is: A ( myself) gives money to B who buys the property in C's name and now it stands in D's name

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 09 December 2012

You have no remedy. The person shown as owner in the title deed is its exclusive owner and benami transaction act do not permit it to transfer in the name of the person who incurred money to purchase the same.