Spouse- live in relationship
Querist :
Anonymous
(Querist) 18 September 2022
This query is : Resolved
Sir,
I have live in relationship with a female. Now she leave me. Can I termed as my spouse for the purpose of 9(b) (iii) under prohibition of benami property transaction act ?
kavksatyanarayana
(Expert) 18 September 2022
Your query is not clear to me. You cannot sue the person where the property is in Benami.
Dr J C Vashista
(Expert) 19 September 2022
She (live-in female) can not be termed as your "spouse".
However, section 9 of Prohibition of Benami Property Transaction Act, 1988 provide as under,
9. Qualifications for appointment of Chairperson and Members.—(1) A person shall not be
qualified for appointment as the Chairperson or a Member of the Adjudicating Authority unless he,—
(a) has been a member of the Indian Revenue Service and has held the post of Commissioner of Income-tax or equivalent post in that Service; or
(b) has been a member of the Indian Legal Service and has held the post of Joint Secretary or
equivalent post in that Service.
(2) The Chairperson and other Members of the Adjudicating Authority shall be appointed by the
Central Government in such manner as may be prescribed.
(3) The Central Government shall appoint the senior most Member to be the Chairperson of the Adjudicating Authority.
Be clear in your facts and re-post.
Querist :
Anonymous
(Querist) 19 September 2022
Sorry for referring wrong section. Can I term live in partner as spouse for section
1.(9)(b) (iii) under prohibition of benami property transaction act ?
kavksatyanarayana
(Expert) 19 September 2022
The female who is live-in-relationship is not termed as a spouse.
Dr J C Vashista
(Expert) 20 September 2022
Again you are confusing the facts / law since section 1 do not have any sub section 9 in Prohibition of Benami Property Transaction Act, 1988.
Section 1 of the Act contains:
1. Short title, extent and commencement- (1) This Act may be called the Benami Transactions
(Prohibition) Act, 1988.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) The provisions of sections 3, 5 and 8 shall come into force at once, and the remaining
provisions of this Act shall be deemed to have come into force on the 19th day of May, 1988.
