Legal Question in Real Estate Law in India

Give exact answer.

AIR 1989 KERALA 317, states that since sham transations r not benami, therefore, the provisions of benami act 1988 r not applicable 2 the instant case.My question is as 2 WHAT IS A SHAM TRANSATION?


Asked on 9/15/08, 11:45 am

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

Re: Give exact answer.

A sham transaction is one which was always intended and devised to be a fraud of a provision of the concerned statute in relation to which it is alleged to be a fraud.

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Answered on 9/16/08, 1:28 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Give exact answer.

You have not started facts and issues of your case.

Please re-write your problem clearly with detailed facts for appropriate opinion/guidance.

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Answered on 9/16/08, 10:02 am
muhamed mustaque mk associates

Re: Give exact answer.

sham transaction is cover up , though appears to be a legal transactions which cannot stand to scrutiny of law , therfore trnasactions which does not have legality.

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Answered on 9/15/08, 12:28 pm
Satyajit Patra Satyajit Patra

Re: Give exact answer.

A sham transaction is a transaction avoiding tax, in a immovable property transaction where a person evades stamp duty could be Sham Transaction.

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Answered on 9/15/08, 1:03 pm


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