Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Ostensible owner - Vendee of such owner is entitled to the protection of bona fide purchaser u/s 41 of the TPA - After coming into force of Benami Transaction (Prohibition) Act, the consent of true owner has lost significance as for all intents and purposes, the person registered as owner of the property..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - If the person in whose name the property is purchased also has contributed consideration for purchase of the property in his name alongwith others whose name is not reflected in the sale deed, it would not amount to a benami transaction as defined under the Act...........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Role and/or the motive on the part of the person who had advanced the amount of consideration plays an important role in determination of the nature of transaction...........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Principles governing for determination as to whether a transfer is a benami transaction or not : (1) the burden of showing that a transfer is a benami transaction lies on the person who asserts that it is such a transaction; (2) If it is proved that the purchase money came from a person other..........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Husband provided money to wife to purchase property - Wife after purchase of property exercised her own right and title over property - Held, it is not a benami transaction - Husband purchased property for benefit of his wife...........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Guide to determine the nature of he transaction : (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any, for giving the transaction a benami colour; (4) the position of the parties and the relationship, if any,..........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Burden of proof - Lies on the person who alleges the transaction to be benami...........
Benami transaction -- Property purchased by wife through her power of attorney out of funds provided by husband - Mutation sanctioned in the name of wife immediatly after purchase - Whether a Benami transaction - Determination of - Source of money never been the sole consideration, merely one of the relevent consideration but not determinative in character - True character..........
Evidence Act, 1872, Section 101, 102, 103, 114 -- Adverse inference - Benami transaction - Party claiming benami transaction - Failed to examine him/her as witness - An adverse inference should be drawn against him/her...........
Benami transaction -- Six circumstances determining the nature of the transaction namely (i) the source from which the purchase money came, (ii) the nature and possession of the property, after the purchase, (iii) motive, if any, for giving the transaction a benami colour, (iv) the position of the parties and the relationship, if any, between the claimant and the alleged..........
