Explain Adjudication of Benami Property under the Benami Transaction Act, 1988.
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2018
Explain Adjudication of Benami Property under the Benami Transaction Act, 1988.
Answer & Explanation:
Section 26 of the Benami Transactions (Prohibition) Act, 1988 relates to adjudication of benami property. Process of Adjudication: The Adjudicating Authority shall issue notice to the benamidar, to furnish such documents, particulars or evidence as is considered necessary on a date to be specified therein. The Adjudicating Authority shall, after considering the reply, if any, to the notice, making or causing to be made such inquiries and calling for such reports or evidence as it deems fit. Taking into account all relevant materials, the Adjudicating Authority shall provide an opportunity of being heard to the person specified as a benamidar therein, the Initiating Officer, and any other person who claims to be the owner of such property. Thereafter, the Adjudicating Authority shall pass an order holding the property not to be a benami property and revoking the attachment order; or holding the property to be a benami property and confirming the attachment order in all other cases. If the Adjudicating Authority has reason to believe that a property, other than a property referred to him by the Initiating Officer, is benami property, it shall provisionally attach the property.
Topics: Benami Transaction (Prohibition) Act, 1988
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