Legal Question in Real Estate Law in India

Clearify.

Sec. 4 of the the prohibition of Benami transation act 1988 uses the word ''any property held Benami'' meaning there by that the property Must b in possession of the the Benamidar if this sec. 4 is of any help 2 the Benamidar. My query is that whether is it essential that the benamidar b in possession of the property on the date of the suit for applying sec.4 otherwise sec. 4 will have No implication ?


Asked on 7/23/08, 9:53 pm

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Clearify.

Held and possession are not synonymous. The meaning would be person owning the property is not the real owner but benamidar.

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Answered on 7/24/08, 1:44 am


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