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A Practical Guide to The Prohibition of Benami Property
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| Book Details | |
| Title | A Practical Guide to The Prohibition of Benami Property Transactions Act, 1988 |
| ISBN | 978-93-7833-006-3 |
| Edition | 4th edition, June 2026 |
| Pages | 480 |
| Authors | Sunil Kumar Gupta & Pawan Singh Tomar |
| Publisher | Commercial Law Publishers |
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Description
A Practical Guide to The Prohibition of Benami Property Transactions Act, 1988 – 4th Edition (June 2026) is a comprehensive and practice-oriented guide explaining the legal framework governing benami transactions and property matters in India. Authored by Sunil Kumar Gupta and Pawan Singh Tomar, and published by Commercial Law Publishers, this updated edition provides detailed insights into the provisions, procedures, and enforcement aspects of benami property laws.
With 480 pages of structured content, the book covers important areas such as benami transactions, attachment and confiscation proceedings, adjudication process, appeals, penalties, investigations, and judicial interpretations. It helps professionals understand both compliance requirements and litigation strategies relating to benami property cases.
This publication is highly useful for chartered accountants, advocates, tax practitioners, property consultants, compliance professionals, corporate advisors, and students dealing with taxation, property disputes, and financial laws.
📘 Key Features:
- Practical coverage of Prohibition of Benami Property laws
- Explains procedures, investigations & adjudication process
- Includes legal interpretation and practical guidance
- Suitable for taxation, legal & compliance professionals
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Introduction |
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| BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY} ORDINANCE, 1988 |
2 |
|
| BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 |
3 |
|
| THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 |
7 |
|
| AMENDMENT BY THE FINANCE ACT, 2021 |
7 |
|
| FREQUENTLY ASKED QUESTIONS (FAQS) | 7 | |
| Chapter 1 | Preliminary | |
| SECTION 1 – SHORT TITLE, EXTENT AND COMMENCEMENT | 14 | |
| SECTION 2 – DEFINITIONS | 16 | |
| FREQUENTLY ASKED QUESTIONS {FAQs) | 94 | |
| Chapter 2 | Prohibition of Benami Transactions | |
| SECTION 3 – PROHIBITION OF BENAMI TRANSACTIONS | 120 | |
| SECTION 4. PROHIBITION OF THE RIGHT TO RECOVER PROPERTY HELD BENAMI | 127 | |
| [SECTION 5- PROPERTY HELD BENAMI LIABLE TO CONFISCATION | 134 | |
| [6. PROHIBITION ON RE-TRANSFER OF PROPERTY BY BENAMIDAR | 138 | |
| RELEVANT CASE LAWS | 140 | |
| FREQUENTLY ASKED QUESTIONS {FAQ’S} | 148 | |
| Chapter 3 | Authorities | |
| SECTION 7. ADJUDICATING AUTHORITY | 159 | |
| SECTION 8 to SECTION 17 | 159 | |
| SECTION 18. AUTHORITIES AND JURISDICTION | 159 | |
| SECTION 19. POWERS OF THE AUTHORITIES | 160 | |
| SECTION 20. CERTAIN OFFICERS TO ASSIST IN INQUIRY, ETC. | 165 | |
| SECTION 21. POWER TO CALL FOR INFORMATION | 166 | |
| SECTION 22. POWER OF AUTHORITY TO IMPOUND DOCUMENTS | 166 | |
| SECTION 23. POWER OF AUTHORITY TO CONDUCT ENQUIRY, ETC. | 168 | |
| FREQUENTLY ASKED QUESTIONS {FAQS) | 169 | |
| Chapter 4 | Attachment, Adjudication and Confiscation | |
| SECTION 24. NOTICE AND ATTACHMENT OF PROPERTY | 174 | |
| INVOLVED IN BENAMI TRANSACTION | 174 | |
| SECTION 25. MANNER OF SERVICE OF NOTICE | 182 | |
| SECTION 26. ADJUDICATION OF BENAMI PROPERTY | 183 | |
| SECTION 27. CONFISCATION AND VESTING OF BENAMI PROPERTY | 192 | |
| SECTION 28. MANAGEMENT OF PROPERTIES CONFISCATED | 196 | |
| SECTION 29. POSSESSION OF THE PROPERTY | 197 | |
| FREQUENTLY ASKED QUESTIONS {FAQS) | 204 | |
| Chapter 5 | Appellate Tribunal | |
| SECTION 30. ESTABLISHMENT OF APPELLATE TRIBUNAL | 215 | |
| SECTION 31. COMPOSITION, ETC., OF APPELLATE TRIBUNAL | 216 | |
| SECTION 32. QUALIFICATIONS FOR APPOINTMENT OF CHAIRPERSON AND MEMBER OF APPELLATE TRIBUNAL | 216 | |
| SECTION 33. TERMS AND CONDITIONS OF SERVICES OF CHAIRPERSON AND MEMBERS OF APPELLATE TRIBUNAL | 218 | |
| SECTION 34. TERM OF OFFICE OF CHAIRPERSON AND MEMBERS | 218 | |
| SECTION 35. REMOVAL OF CHAIRPERSON AND MEMBER FROM OFFICE IN CERTAIN CIRCUMSTANCES | 219 | |
| SECTION 36. VACANCIES, ETC., NOT TO INVALIDATE P ROCEEDINGS OF APPELLATE TRIBUNAL | 220 | |
| SECTION 37. RESIGNATION AND REMOVAL | 221 | |
| SECTION 38. MEMBER TO ACT AS CHAIRPERSON IN CERTAIN CIRCUMSTANCES | 221 | |
| SECTION 39. STAFF OF APPELLATE TRIBUNAL | 221 | |
| SECTION 40. PROCEDURE AND POWERS OF APPELLATE TRIBUNAL | 222
|
|
| Section 40(1)–It provides that | 226 | |
| SECTION 41. DISTRIBUTION OF BUSINESS AMONGST BENCHES OF APPELLATE TRIBUNAL | 226 | |
| SECTION 42. POWER OF CHAIRPERSON OF APPELLATE TRIBUNAL TO TRANSFER CASES | 227 | |
| SECTION 43. DECISION TO BE BY MAJORITY | 227 | |
| SECTION 44. MEMBERS, ETC., TO BE PUBLIC SERVANTS | 227 | |
| SECTION 45. BAR OF JURISDICTION OF CIVIL COURTS | 228 | |
| SECTION 46. APPEALS TO APPELLATE TRIBUNAL | 231 | |
| SECTION 47. RECTIFICATION OF MISTAKES | 209 | |
| SECTION 48. RIGHT TO REPRESENTATION | 233 | |
| SECTION 49. APPEAL TO HIGH COURT | 234 | |
| FREQUENTLY ASKED QUESTIONS {FAQS) | 246 | |
| Chapter 6 | Special Courts | |
| SECTION 50. SPECIAL COURTS | 256 | |
| SECTION 51. APPLICATION OF CODE OF CRIMINAL PROCEDURE, 1973 TO PROCEEDINGS BEFORE SPECIAL COURT | 258 | |
| SECTION 52. APPEAL AND REVISION | 258 | |
| FREQUENTLY ASKED QUESTIONS (FAQS) | 260 | |
| Chapter 7 | Offences and Prosecution | |
| SECTION 53. PENALTY FOR BENAMI TRANSACTION | 264 | |
| SECTION 54. PENALTY FOR FALSE INFORMATION | 269 | |
| SECTION 55. PREVIOUS SANCTION | 270 | |
| FREQUENTLY ASKED QUESTIONS (FAQS) | 274 | |
| Chapter 8 | Miscellaneous | |
| SECTION 56. REPEAL OF PROVISIONS OF CERTAIN ACTS | 279 | |
| SECTION 57. CERTAIN TRANSFERS TO BE NULL AND VOID | 282 | |
| SECTION 58. EXEMPTION | 283 | |
| SECTION 59. POWER OF CENTRAL GOVERNMENT TO ISSUE DIRECTIONS, ETC | 284 | |
| SECTION 60. APPLICATION OF OTHER LAWS NOT BARRED | 286 | |
| SECTION 61. OFFENCES TO BE NON-COGNIZABLE | 288 | |
| SECTION 62. OFFENCES BY COMPANIES | 289 | |
| SECTION 63. NOTICE, ETC., NOT TO BE INVALID ON CERTAIN GROUNDS | 294 | |
| SECTION 64. PROTECTION OF ACTION TAKEN IN GOOD FAITH | 294 | |
| SECTION 65. TRANSFER OF PENDING CASES | 296 | |
| SECTION 66. PROCEEDINGS, ETC., AGAINST LEGAL REPRESENTATIVE | 297 | |
| SECTION 67. ACT TO HAVE OVERRIDING EFFECT | 298 | |
| SECTION 68. POWER TO MAKE RULES | 298 | |
| SECTION 69. LAYING OF RULES AND NOTIFICATIONS BEFORE PARLIAMENT | 301 | |
| SECTION 70. POWER TO REMOVE DIFFICULTIES | 301 | |
| SECTION 71. TRANSITIONAL PROVISION | 302 | |
| [SECTION 72]. REPEAL AND SAVING | 303 | |
| FREQUENTLY ASKED QUESTIONS {FAQS) | 310 | |
| Chapter 9 | Comparison with Other Acts and Suggestions | |
| (A) COMPARISON OF THE PROVISIONS OF THE BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY) ORDINANCE, 1988 WITH THE AMENDED PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 | 323 | |
| (B) COMPARISON OF THE PROVISIONS OF THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 WITH THE AMENDED ACT (AMENDED IN 2016) I.E., PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 | 323 | |
| (C) COMPARISON OF BENAMI ACT, 1988 WITH PREVENTION OF MONEY LAUNDERING ACT, 2002 | 325 | |
| (D) COMPARISON OF AMENDED BENAMI ACT, 1988 WITH INCOME TAX ACT, 1961 | 327 | |
| (E) SUGGESTIONS | 329 | |
| Chapter 10 | Appendices | |
| I. THE BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY) ORDINANCE, 1988 | 333 | |
| II. THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 (45 OF 1988) | 334 | |
| III. THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016 | 336 | |
| IV. THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 (45 OF 1988) | 366 | |
| V. THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS RULES, 2016 | 394 | |
| VI. NOTIFICATIONS ISSUED UNDER THE ACT | 399 | |
| VII. SCHEDULE | 401 | |
| VIII. RELEVANT SECTIONS OF CODE OF CRIMINAL PROCEDURE, 1973 | 427 | |
| IX. RELEVANT SECTIONS OF INDIAN PENAL CODE, 1860 | 441 | |
| RELEVANT SECTIONS OF CODE OF CIVIL PROCEDURE, 1908 | 443 | |
| XI. RELEVANT SECTIONS OF TRANSFER OF PROPERTY ACT, 1882 | 443 | |
| XII. RELEVANT SECTIONS OF INDIAN EVIDENCE ACT, 1872 | 444 | |
| XIII. RELEVANT SECTIONS OF INDIAN SUCCESSION ACT, 1925 | 444 | |
| XIV. RELEVANT SECTIONS OF INDIAN PARTNERSHIP ACT, 1932 | 444 | |
| XV. RELEVANT SECTIONS OF THE INCOME-TAX ACT, 1961 | 445 | |
| XVI. RELEVANT SECTIONS OF PREVENTION OF MONEY LAUNDERING ACT, 2002 | 460 | |
| XVII. RELEVANT SECTIONS OF COMPANIES ACT, 2013 | 462 | |
| XVIII. RELEVANT EXTRACTS FROM FINANCE ACT, 2016 | 465 | |
| XIX. RELEVANT EXTRACTS FROM FINANCE ACT, 2021 | 465 | |
| XX. RELEVANT SECTIONS OF INDIAN TRUSTS ACT, 1882 | 466 | |
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| Publisher | Commercial |
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