UrbanPro
true

Take BBA Tuition from the Best Tutors

  • Affordable fees
  • 1-1 or Group class
  • Flexible Timings
  • Verified Tutors

Search in

Benami Transactions

Manish Sharma
31/12/2016 0 0

Prohibition of Benami Property Transaction Act, 1988, amended by Amendment Act 2016 [ Act No 43/2016]
An Act which prohibits Benami transactions and right to recover property held as Benami by benamidar and also proceeds from the property. This Act, apply to Whole of India except the State of Jammu and Kashmir.

WHAT IS A BENAMI TRANSACTION?
Benami transaction means; a transaction or an arrangement:-
.
where the property is transferred to or held by a person, and consideration for such property has been
   provided or paid by another person.
. the property is held, by a person, for the immediate or future benefit, direct or indirect, of the person who       has provided or paid consideration.
. property is held, carried out or made in a fictitious name.
. where the owner of the property is not aware of, or, denies knowledge of such ownership.
. Where person providing consideration for the property is not traceable or is fictitious.

TRANSACTIONS WHICH ARE NOT TO BE TREATED AS BENAMI
Where property is held by:-

  • Karta, or a member of an HUF, as the case may be, and property is held for his benefit or benefit of other members of HUF and consideration for such property has been provided or paid by out of known sources of the HUF.
  • a person, on behalf of another person, in a fiduciary capacity and includes a trustee, executor, partner, director of a company etc.
  • an individual in the name of his spouse or in the name of any child of such individual and consideration for such property has been provided or paid out the known sources of the individual.

Where property is held by

  • any person in joint name(s), where the name of his brother or sister or lineal ascendant or descendant appear in any document, and consideration for such property has been provided or paid out the known sources of the individual.
  • any person in part performance of a contract referred to in section 53A of the Transfer of Property Act, 1882,(property held under Power of Attorney,
  1. where possession has been provided to a person after providing consideration but the owner of
    property continues to hold ownership of such property;
  2. Stamp duty on such transaction has been paid; and
  3. The contract has been registered.

WHAT ARE CONSEQUENCES OF BENAMI TRANSACTIONS?

Where person enters into Benami transaction shall be punishable with:-

  • Imprisonment: minimum 1 year to 7 years and/or with the fine up to 25% of the fair market value of Benami property.
  • Confiscation of Benami property by the central government.
  • Prohibition on re-transfer of property by Benamidar to the beneficial owner.

 

0 Dislike
Follow 0

Please Enter a comment

Submit

Other Lessons for You

Kinds Or Classification Of Contracts
All the contracts may be broadly classified into following three main categories: According to enforceability i.e., legal validity. According to formation i.e., mode of creation. According to performance....

Problem Solving
Problem solving can be defined as the process of identifying a difference between the actual and the desired state of affairs and then taking action to resolve this difference. For problems important enough...

Comparisons - CA, B.Com, BBA and LLB
Criteria CA B.Com LLB BBA Duration 5 years 3 years 5 years 3 years Entrance Test CPT Not required CLAT CET University ICAI Various Bar...

The Concept of Elasticity
Elasticity is a measure of the responsiveness of quantity to changes in price or some other variable. The most commonly used elasticity concept is price elasticity of demand. The price elasticity of...

Most valuable learning tip - Keep mind fresh!
Before sitting to read, keep your mind fresh. Remove all unnecessary thoughts. Then only things will get register in mind!! All the best..
C

CA. CS. Mitali Trivedi

0 0
0
X

Looking for BBA Tuition Classes?

The best tutors for BBA Tuition Classes are on UrbanPro

  • Select the best Tutor
  • Book & Attend a Free Demo
  • Pay and start Learning

Take BBA Tuition with the Best Tutors

The best Tutors for BBA Tuition Classes are on UrbanPro

This website uses cookies

We use cookies to improve user experience. Choose what cookies you allow us to use. You can read more about our Cookie Policy in our Privacy Policy

Accept All
Decline All

UrbanPro.com is India's largest network of most trusted tutors and institutes. Over 55 lakh students rely on UrbanPro.com, to fulfill their learning requirements across 1,000+ categories. Using UrbanPro.com, parents, and students can compare multiple Tutors and Institutes and choose the one that best suits their requirements. More than 7.5 lakh verified Tutors and Institutes are helping millions of students every day and growing their tutoring business on UrbanPro.com. Whether you are looking for a tutor to learn mathematics, a German language trainer to brush up your German language skills or an institute to upgrade your IT skills, we have got the best selection of Tutors and Training Institutes for you. Read more