Legal Question in Real Estate Law in India

Although the property is registered in the name of Benamidar but he is NOT in possession of the property.The REAL OWNER is in actual possession of the property. Is it correct that the Benamidar CANNOT file a suit for recovery of possession because Section 4 Of the Benami act 1988 recquires that the Benamidar must be in Possession of the property before Section 4 of the act could be applicable? { Case law:- AIR 1989 Kerala 317}

Asked on 2/16/13, 7:13 am

4 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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16.02.2013

Dear Sir / Madam,

Acquiring property in the name of a benamidar is done with the sole purpose of evading Wealth Tax which was then prevalent and to avoid Income Tax on the property. All these fraudulent concepts like benamidar have long since been abolished.

The benamidar is the absolute owner of the property, irrespective whether he is in actual possession or not.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

Answered on 2/16/13, 7:55 am

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Sanjay Kalra Sanjay Kalra & Associates

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Benami Transaction act has been abolished long time back. The benamidar is the real owner of the property and can file a suit for possession .........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

Answered on 2/19/13, 11:51 pm

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