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Rakesh   16 October 2023

Declaration and injunction suit -husband funds / on wifes name

Hello,Plot case at GGN, purchased in 2009, on wife's name.  Funds from my side (husband)..

In Suit for Declaration, comes into play sec 3(2) and 4 of Benami Act . Both sec 3(2) and 4 are contrary to each another.. 

Imp is to show the court the intent to buy the property , which in this case was for my benefit.  

Can I word it like this ,,, still not get into the claws of Sec 4 (3).. ??

PLANTIFF - HUSBAND ; DEFENDANT - WIFE

THE SUIT PROPERTY WAS NEVER PURSHASED BY THE PLANTIFF , FOR THE BENEFIT OF DEFENDANT ,, WHO WAS ONLY A NOMINAL OWNER,,,,            WHILE THE PLANTIFF IS TRUE AND BENEFICAL OWNER OF SUIT PROPERTY 

Does sec 3 & 4 are Seen together , or any section has more relevance than the other in the BENAMI Act 1988?? 



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 October 2023

According to The Benami Transactions (Prohibition) Act, 1988, no person shall enter into any benami transaction. However, the act exempts the purchase of property by any person in the name of his wife or unmarried daughter and it shall be presumed, unless the contrary is proved, that the said property had been purchased for the benefit of the wife of the unmarried daughter 1.

Therefore, if a property is bought in the name of a wife or an unmarried daughter, it will not be considered a benami transaction under this act.


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