Principles of Benami Law - An Illustrative Guide

This book contains a comprehensive analysis of various facets of benami Law, its interplay with provisions of various enactments, Rules of evidence and its applicability to benami transaction and issue of retrospectivity and prospectivity in the operation of law. The book explains in minutest details the procedure for initiation of benami proceeding, provisional attachment, issue of summons and impounding of documents etc. which are foundational requirements. For getting an overall insight on the subject, the book provides FAQs with practical illustrations.

Important Topics Covered in the Book are-

• Benami transaction and sham transaction
• Definition of ‘Property’
• Scope of ‘Benami transaction’ with illustrations
• Exceptions to ‘Benami transaction’ with illustrations
• Exclusive categories of ‘Benami Transaction’ with illustrations
• Benamidar and Beneficial owner
• Transfer under PBPT Act, 1988
• Consequences of entering into Benami transaction
• Powers of Benami Authorities-issue of summons, impounding etc.
• Initiation or proceedings under the Amended Law, 2016
• Provisional attachment
• Adjudication and confiscation of Benami property
• Special Court and Prosecution
• Interplay with other enactments
• Retrospectivity and Prospectivity
• Burden of proof; intention, fraud, doctrine of substance over form
• Benami law and Rules of Evidence.