Legal Question in Real Estate Law in India

Meaning of the word

Does the word ''HELD BENAMI'' used in sec. 4 of benami act 1988 means that the benamidar must be in possessoin /occupation of the property on the date of filling up of the suit,IF SEC. 4 HAS TO BE APPLIED. AND if not in possession on the date of the suit sec. 4 will NOT APPLY?


Asked on 10/28/07, 11:54 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Meaning of the word

Suit by real owner against benami owner is not maintainable.

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Answered on 10/29/07, 1:43 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Meaning of the word

This suit by the benami holder is not maintainable by the law.

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Answered on 10/29/07, 6:10 am

Re: Meaning of the word

No it is not necessary.

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Answered on 10/29/07, 2:19 pm


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