Legal Question in Real Estate Law in India
Benami
In order 2 envoke sec. 4 of the prohibition of benami transation act 1988, is it ESSENTIAL that the Benamidar Must b in possession of the property on the date of the suit otherwise SEC. 4 IS IMMETERIAL? GIVE A LEADING CASE 2 THAT EFFECT.
3 Answers from Attorneys
Re: Benami
You should pay fees to us to get the case law. Any way please find the case law.
In the context and setting of section 4 the word �held � has to be understood as "possessed or occupied". If the possession or occupation is not benami, section 4 can have no application and as a sham transaction or bipartite transaction is not a benami. Section 4 does not apply to such a transaction; Ouseph Chacko v. Raman Nair, AIR 1989 Ker 317.
Re: Benami
What is meant by "2 envoke"?
Re: Benami
Your facts and question are not clear. Please write clearly the nature of dispute, are you the benamidar or the real owner; and what relief you are wanting?
Related Questions & Answers
-
Feedback on Residential Buying of Property Hi, We have paid 95% of the building... Asked 9/09/08, 10:15 am in India Real Estate and Real Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
