Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Benami transaction - Fiduciary relationship - A parent would be in fiduciary relationship with an offspring only when child lacks legal capacity due to minority or disability and relationship discloses an absolute dependency on parents for decision making...........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Benami transaction - Fiduciary relationship - Plaintiff purchased property in the name of his mother - However, plaintiff does not claim that his mother was standing in fiduciary capacity with reference to him - Suit for declaration claiming exclusive owner of property is not maintainable in view of prohibition..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Where a plea is taken that suit is saved by exception to benami transaction, it becomes the disputed question of fact which has to be adjudicated on the basis of evidence - Therefore, plaint cannot be rejected at the stage of consideration of application U.O.7.R.11 CPC...........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Where properties are held by plaintiff as a member of Hindu Undivided Family for the benefit of Hindu Undivided Family and consideration was paid from known source of income of such Hindu Undivided Family, same cannot be treated as benami transactions...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of mother - Eviction of son - Property in question is in the name of mother and son is living in the property - Whereas, mother is living with her married daughter in a rental accommodation because of mental and physical torture of mother by her son and daughter-in-law and to compel her..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Neither there was any sufficient pleadings nor trustworthy evidence to hold transaction as benami - Documentary evidence as regards payment of sale consideration is thoroughly lacking - Order of first appellate Court declaring transaction as benami found to be erroneous is set aside...........
Benami Transactions (Prohibition) Act, 1988, Section 2(a) -- Definition of the expression `benami transaction' can be borrowed from S.2(a) of the Act in respect of the transaction held prior to the promulgation of the Act - As defined in S.2(a) of the Act `benami transaction' means any transaction in which property is transferred to one person for a consideration paid or..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Source of money is no doubt an important factor but not a decisive one - Intention of supplier of consideration money is vital fact to be proved by party who asserts benami...........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - If a husband supplies consideration money for acquiring property in the name of his wife, such fact does not necessarily imply benami transaction - Intention of supplier of consideration money is vital fact to be proved by party who asserts benami...........
Benami Transactions (Prohibition) Act, 1988, Section 4, Evidence Act, 1872, Section 102 -- Benami transaction - Burden of proof - Burden of showing that a transfer is a benami transaction always lies on person who asserts it...........
