Benami Transactions (Prohibition) Act, is an Act of the Parliament of India that prohibits To address these deficiencies, several years later, in , the Govt of India introduced “Benami Transactions (Prohibition) Bill, “. Benami Transactions (Prohibition) Bill, Purpose: To prohibit holding property Benami and restrict the right to recover or transfer such property. THE BENAMI TRANSACTIONS (PROHIBITION) ACT, An Act to prohibit benami transactions and the right to recover properly held benami and for.

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In fact, the Federal Court in the case trransactions Panjab Province v. Printable version Dec 31, The Bill seeks to amend the Benami Transactions Act, The Adjudicating Authority will examine all documents and evidence relating to the matter and then pass an order on whether or not to hold the property as benami.

The government led by the then Prime Minister Manmohan Singh introduced The Benami Transactions Prohibition Bill in the year before the parliament to repeal The Act, prohiibtion, the bill was not passed by the parliament due to lack of support by the members of parliament.

We will call you within 2 working hours. Please Email the Editor. Benami properties are not easy to identify as they are usually entered into between relatives, friends, people having a fiduciary relationship, between landlord and tenant, employer and employee or other relationships where there exists an obligation to protect or a fear of some loss.

Updated versions were therefore passed in andseeking to more comprehensively enforce the prohibitions.

All About Benami Properties And Recent Legal Developments

After getting passed in both the houses of the parliament, the bill got converted into an Act on 11 th August and was enforced on 1 st November An Act to prohibit benami transactions and the right to recover property held transactjons and for matters connected therewith or incidental thereto.

The Bill provides that the Adjudicating Authority and the Appellate Tribunal established under the Prevention of Money laundering Act,shall also be the same for the prphibition of this Act. It shall have the powers of a civil court while trying matters with respect to [13]:. If an order is passed to continue holding the property, the Initiating Officer will refer the case to the Adjudicating Authority.


The Initiating Officer may issue a notice, after the approval from the Approving Officer, to provisionally attach any property, which he has reason to believe is held benami.

Due to various loopholes and no proper notification, it was a failed legislation and therefore new bill to repeal and replace The act was proposed before the parliament. The aim of the Benami Transactions Prohibition Act, was to prohibit benami transactions and punish those who participated in such transactions as they had become a method by the corrupt for tax evasion, land concentration and money laundering.

The Times Of India. The act defines a ‘benami’ transaction as any transaction in which property is transferred to one person for consideration paid by another person.

The Bill defines benami transaction as an arrangement where a property is held by a person other than in fiduciary capacity on behalf of another person who has paid for it; or b the transaction is made for a property in a fictitious name; or c the owner of the property is not aware of or denies knowledge of such ownership. Certain sessions courts would be designated as Special Courts for trying any offences which are punishable under the Bill. The Bill restricts the right of any person who is claiming to be the real owner to recover such property.

Defined under Section 4 9a benami transaction means any transaction which is transferred to or held by one person, but the consideration for it is paid by another. All the authorities established under this Act shall have bneami powers as are vested in a civil court for the purpose of [10]:.

They shall follow the principles of natural justice and shall have the power to regulate their own procedures.

All you need to know about benami transactions Bill

Thereafter, the Government notified the provisions of the act to come into force from 1 November These authorities shall have same powers as vested in a civil court while trying a suit in matters such as inspection, production of documents, prohibktion commissions, etc. The Act prohibits benami transactions and provides for confiscating benami properties.


Any person aggrieved by an order of the Adjudicating Officer shall appeal to the Appellate Tribunal. In force Benami Transactions Prohibition Act, is an Act of the Parliament of India that prohibits certain types of financial transactions.

Any transaction wherein the owner or the person who pays prohibittion consideration is fictitious, or wherein the owner is not aware of or denies the ownership of the property shall also be considered as a benami transaction. What updates do you want to see in this article?

The Benami Transactions (Prohibition) Bill, | PRS

Although benami transactions are now illegal, the act had limited success in curbing them. Based on an order to confiscate the benami property, the Administrator will receive and manage the property in a manner and subject to conditions as prescribed.

Private defense under IPC. The Benami Transactions Prohibition Act, An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto.

Daulat Singh [1] has said: An effort was made again in the year to pass The Benami Transactions Prohibition Amendment Bill, which was successfully passed in both the houses and therefore, the Benami Transactions Prohibition Amendment Act, was enforced on 1 st November Inthe Law Commission of India after studying various Acts and prevailing benami system, recommended formulating an Act to tackle the issue.

Log into your account. Under the Act, the penalty for entering into benami transactions is imprisonment up to three years, or a fine, or both.

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