Legal Question in Real Estate Law in India

Provisions of benami act are very clear.

Your recent replies(6/9/2007 & 7/9/2007) to the questions on benami act 1988 are absolutely WRONG on the basis of the provisions of the act & decided law cases on the subject. (I) It is essential that the benamidar must be in possession of the suit property on the day of filling of the suit.The openning / heading words '' Prohibition on the right to recover property held benami'' of sec. 4 of the act clearly implies that there is a bar on recovering property, held benami ,by the real owner. But when the possession is not with the benamidar & in fact the possession is with the real owner then where is the question of ''recovering'' property?WHEN POSSESSION ITSELF IS WITH THE REAL OWNER THAN WHAT IS BEING RECOVERED? In that a situation sec.4 is of no use.AIR 1989 KERALA 317; 52 (1993) DLT 556. (II) The act will NOT apply if the sale deed is of a period earlier than the date of passing of the act of 1988 as the provisions of the act are prospective & NOT retrospective. (1996) 4 SCC 490 (para 4) & (1995) 2SCC 630 . kindly clearify the same.


Asked on 9/07/07, 1:16 pm

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

Re: Provisions of benami act are very clear.

If you know everything yourself, no need to ask here!!

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Answered on 9/08/07, 1:49 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Provisions of benami act are very clear.

good afternoon

i think you have researched a lot and let me tell you law is not the same in every case. i guess you need advice without giving papers to lawguru attornerys and you want it free of cost. well find a good civil lawyer in matters jurisdiction and proceed.

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Answered on 9/08/07, 1:50 am
Alok Sharma Alok Sharma & Associates

Re: Provisions of benami act are very clear.

U cant judge. What you think we were taking examination. I feel the answers were not favourable to you. Engage some good civil lawyer, the only advise. We are not here to clarify.

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Answered on 9/07/07, 1:57 pm

Re: Provisions of benami act are very clear.

You are not a judge nor we are here to clarify you.what is your authority? Law is one thing but it does not mean that the same is universally applicable in every case. Probably the reply given by us did not suit you.However detailed reply/opinion can be given only after examining the relevant papers. since the mater is already subjudiced, so why not you leave it to court to decide.In fact you want advise without giving the details and that too free of cost.your opinion does not matter.

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Answered on 9/07/07, 3:47 pm


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