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raman (private)     04 October 2012

Benami transaction

I had given some money to a relative in 2000 to buy some property. But instead of buying property in his name he bought it in his mother in law's name. He did this so he need not return my money. All the payment by cheque were paid by him and MIL did not pay even Rs 10/ -. In reality I paid all the money. Now value of the property is 30 times.

Now he got the property transferred to his wife's name.

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

1. Is this a Benami Property?

2. Where should i file a complaint or should i file a suit so that this property is declared benami and action be initialted against all the participatnt and property confiscated?

3. Due to some litigation this property could only be registered in march 2010. Does it come under limitation for filing Benami complaint?



Learning

 4 Replies

kavita.sharma (nothing)     04 October 2012

yes it is benami transaction.only blood relatives r procted.

raman (private)     04 October 2012

Thanx Kavita ji,

Can i file a complain or file a suit to get it declared as benami?

A.SUMATHY 9380902017 (LAWYER)     04 October 2012

no right to file suit, and you dont have any remedy.

raman (private)     05 October 2012

But benami transactions are prohibited and people involved can be prosecuted and property confiscated. 

This transaction was conducted so that B need not return my money. Apart from this property B just does not have any asset from where he could return my money. In fact he has been saying that since my money has been put in that property on which he has no control he cant return the money. In reality property has now come to his wife.

So he does have control over the property and has been manupulating all this.

When this property was bought he had no known source of income, neither his wife nor his FIL.

After 5 years land allotting authority asked for 5 lakh more and again i paid the money. At this time property had shifted to wife's name. Even now none of them had any known source of income.

Finally they got the property in 2010.

This sequence establishes my locus in filing for suit for either staking a claim to the property or for getting it declared benami.

Please advice.......

 

 


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