Legal Question in Real Estate Law in India

Preamble to the Benami Act 1988 says " an act for the Prohibition of Right to Recover Property Held Benami & matters connected thereto".
Now this makes it clear that a prohibition has been enacted by the Act, for the real owner," TO RECOVER PROPERTY IN POSSESSION OF BENAMIDAR".
It means that the real owner cannot recover the property which is in possession of the Benamidar.
Therefore it implies that if the possession of the property is already in the hands of the real owner then the question of recovering the property by the real owner from Benamidar does no arise as quite simply the real owner is not trying to "Recover" the property from the Benamidar because the property is already in possession of the real owner.
Hence the Benami Act 1988 does not prohibit the retention/keeping of the property by the real owner if the real owner is already in possession of the property.
Comment.

Asked on 3/02/14, 10:24 am

anuradha Dixit +9312411481 dixitlawfirm

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this is for you to research We only advice the litigants and not students. good luck !! hard work will take you places

Answered on 3/02/14, 5:09 pm

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