Legal Question in Real Estate Law in India

AIR 1989 kerala 317

Sham transations are NOT benami transations & therefore are NOT hit by the provisions of Benami act 1988. If it is proved that the transation was'' SHAM TRANSATION'' then The real owner of the property is the person who has spent money on the acquisition of the suit property & BENAMIDAR CANNOT BE ASSIGNED THE TITLE OF OWNERSHIP.SHAM TRANSATIONS ARE VERY MUCH A PART OF OUR WAY OF LIFE IN india & are recognised by the law of the land. AIR 1989 KERALA 317 . In the light of the above judjement I WANT 2 KNOW WHAT IS A SHAM TRANSATION?


Asked on 9/30/08, 7:52 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: AIR 1989 kerala 317

Avoid asking same question again and again.

Read more
Answered on 10/01/08, 3:21 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: AIR 1989 kerala 317

Sham transaction is a cover up for a transaction which is different than what it appears on the face of it. For example there may be a sale deed on the face of it but the facts may reveal that in fact it was intended to be a mortgage deed or a rent deed or a deed of repayment of loan.

However, sham transactions are not illegal but voidable.

Read more
Answered on 9/30/08, 10:54 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India