Skip to main content

Can Anyone Purchase A Property In The Wife’s Name Considered Benami Property?

If a spouse purchased a property with legitimate funds, buying it under his wife’s name does not automatically make it a Benami property.
According to the Delhi High Court, “the existence of properties in the name of the wife will fall as an exception to the prohibited Benami transaction, as it is legally possible for a person to purchase an immovable property in the name of his spouse from known sources.”

Exceptions of Benami properties:

The following transactions will not be considered Benami transactions:

  1. A member of the HUF holds property for the benefit of the HUF, and the consideration is paid from the HUF’s known sources of income.
  2. A person who retains property in a fiduciary position for another person – for example, a trustee for the trust, a director for his firm, a depository/depository participant for a trader (holder of shares in Demat form), and so on;
  3. An individual who owns property in the name of his spouse or child and receives payment from sources known to such individual;
  4. An individual who owns property jointly with a brother, sister, or lineal ascendant/descendant and receives payment from such individual’s known sources.
Labels:

Comments

Post a Comment

Popular posts from this blog

What is Lavani Patta Land?

 In Telangana, there are different types of lands titles that provide land ownership. Here Lands are segregated into Private land and Government Assigned Land, and the land owned by an individual who has Record Of Rights ROR on his name, and has legal land title ownership. Whereas government-assigned land is allotted to any individual who belongs to a BPL Below Poverty Level family to elevate their economic standards is termed as Government Assigned Land. Here it has ownership land title on an individual’s name, but assigned lands cannot be sold or transferred to anyone. To obtain a Lavani Patta one can get it from the Revenue Department of the state. The Chief Commissioner of Land Administration (CCLA) is the chief controlling authority for the revenue administration. Usually, the Tahsildar is the competent authority to assign the lands. Here, 50 percent land is assigned to Schedule Castes, 10 percent to Schedule Tribe, 30 percent to the backward classes, and the res...
Post a Comment
Read more

Top 5 RERA Punishments every buyer must know.

PUNISHMENT PRESCRIBED FOR NON-REGISTRATION OF A PROJECT UNDER THE RERA ACT   ·           10 percent penalty of the estimated cost of the project.   ·          As per section 59, where under the Act, it is obligatory for the promoter to register a project with the Authority, and the promoter fails to do the same, he shall be liable to a penalty of up to 10 percent of the estimated cost of the real estate project.  Non-registration of the project may also liable for 3 years of punishment. ·         However, in the case of the promoter consistently defaults or does not comply with the directions/orders of the Authority as regards registration of the project with the Authority, he shall be liable to an additional fine of ten percent of the estimated cost of the real estate project or imprisonment up to 3 years or both.   Penalty for violation of section 4(App...
Post a Comment
Read more

Hibanama: A Universally Applicable Mechanism for Dispute Resolution

In the diverse fabric of India, the term “Hibanama” transcends religious boundaries, serving as a consensual mechanism for dispute resolution applicable to all communities. This blog explores the universality of Hibanama, debunking any misconceptions about its exclusivity to a particular religious group. Understanding Hibanama: Contrary to any misconceptions, Hibanama is not exclusive to the Muslim community but is a legal concept applicable to individuals of all religions in India. Rooted in the principles of voluntary resolution, Hibanama emphasizes mutual agreement and compromise in the face of legal disputes, irrespective of religious affiliations. Applicability to All Communities: Hibanama in Hindu Law: Hindu law recognizes the importance of amicable settlements, and Hibanama aligns seamlessly with this ethos. Parties involved in property disputes, family matters, or contractual disagreements within the Hindu community can opt for Hibanama to expedite justice. Hibanama...
Post a Comment
Read more