Law Relating To Prohibition of Benami Property Transactions Act 1988


  • Author : Taxmann
  • Edition : 4th Edition
  • Date of Publication : April 2021


Taxmann’s Law Relating to Prohibition of Benami Property Transactions Act 1988 covers the following:

  • Section-wise Commentary on Law Relating to Prohibition of Benami Property Transactions Act, 1988
  • Ready Reckoner for the following:
    • [Alphabetical Reckoner] on Benami Law
    • Relatives in whose names, property can be purchased/held without Benami taint.
  • Covers various FAQs on Law relating to Benami Transactions.

The Present Publication is the 4th Edition, as amended by the Finance Act 2021, with the following noteworthy features:

  • Thorough analysis of the Benami Laws
  • Complete understanding of each appellate authority along with their powers
  • Penalty and prosecutions linked with the Benami transactions
  • Subject index to quickly find out the relevant matter

The detailed contents of the book are as follow:

  • Chapter I – Preliminary
    • Short title, extent and commencement
    • Definitions
  • Chapter II – Prohibition of Benami Transactions
    • Prohibition of Benami Transactions
    • Prohibition of the right to recover property held benami
    • Property held benami liable to confiscation
    • Prohibition on re-transfer of property by benamidar
  • Chapter III – Authorities
    • Adjudication Authority
    • Authorities and jurisdiction
    • Powers of Authorities
    • Certain officers to assist in inquiry, etc.
    • Power to call for information
    • Power of authority to impound documents
    • Power of authority to conduct inquiry, etc.
  • Chapter IV – Attachment, Adjudication and Confiscation
    • Notice and attachment of property involved in benami transaction
    • Manner of service of notice
    • Adjudication of benami property
    • Confiscation and vesting of benami property
    • Management of properties confiscation
    • Possession of the property
  • Chapter V – Appellate Tribunal
    • Establishment of Appellate Tribunal
    • Composition, etc., of Appellate Tribunal
    • Qualification for appointment of Chairperson and Members of Appellate Tribunal
    • Terms and condition of services of Chairperson and Members of Appellate Tribunal
    • Term of office of Chairperson and Members
    • Removal of Chairperson and Members from office in certain circumstances
    • Vacancies, etc., not to invalidate proceedings of Appellate Tribunal
    • Resignation and removal
    • Member to act as Chairperson in certain circumstances
    • Staff of Appellate Tribunal
    • Procedure and powers of Appellate Tribunal
    • Distribution of business amongst Benches of Appellate Tribunal
    • Power of Chairperson of Appellate Tribunal to transfer cases
    • Decision to be by majority
    • Members, etc., to be public servants
    • Bar of jurisdiction of civil courts
    • Appeals to Appellate Tribunal
    • Rectification of mistakes
    • Right to representation
    • Appeal to High Court
  • Chapter VI – Special Courts
    • Special Courts
    • Application of Code of Criminal Procedure, 1973 to proceedings before Special Court
    • Appeal and revisions
  • Chapter VII – Offences and Prosecution
    • Penalty for benami transaction
    • Penalty for false information
    • Penalty for failure to comply with notices or furnish information
    • Proof of entries in records or documents
    • Previous sanction
  • Chapter VIII – Miscellaneous
    • Repeal of provision of certain Acts
    • Certain transfers to be null and void
    • Exemption
    • Power of Central Government to issue directions, etc.
    • Application of other laws not barred
    • Offences to be non-cognizable
    • Offences by companies
    • Notice, etc., not be invalid on certain ground
    • Protection of action taken in good faith
    • Transfer of pending cases
    • Proceedings, etc., against legal representative
    • Act to have overriding effect
    • Power to make Rules
    • Laying of Rules and Notifications before Parliament
    • Power to remove difficulties
    • Transitional provision
    • Repeal and saving


There are no reviews yet.

Be the first to review “Law Relating To Prohibition of Benami Property Transactions Act 1988”

Your email address will not be published. Required fields are marked *