Ashish 16 March 2019
Sharma Twinkle Manojkumar (Student) 16 March 2019
All these transactions would fall within the ambit of 'Benami Transactions' within the Benami Act.
(A) a transaction or an arrangement where a property is transferred to, or is held by, a person, and the consideration for such property has been provided, or paid by, another person; and the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration. (Emphasis on continued 'beneficial ownership' of the real owner)
(B) a transaction or an arrangement in respect of a property carried out or made in a fictitious name; (In other words, where benamidar is a non-existent person or entity)
(C) a transaction or an arrangement in respect of a property where the owner of the property is not aware of, or, denies knowledge of, such ownership; (A recent example of this is how Jan Dhan bank accounts were inundated with funds during demonetization and Jan Dhan account holders were made unwitting benamidars of the huge funds (Though in many cases it was also done in collusion with the account holders!).
(D) a transaction or an arrangement in respect of a property where the person providing the consideration is not traceable or is fictitious;
Ashish 17 March 2019