Benami property attachment procedure governs notice, provisional attachment, and referral before adjudication. Section 24 sets out the notice and provisional attachment mechanism for property suspected to be benami. The Initiating Officer must record reasons in writing before issuing notice, and where the beneficial owner is known, a copy of the notice must also be served on that owner. The noticee may furnish explanation within the specified time. If there is a risk of alienation, the Initiating Officer may, with prior approval, provisionally attach the property, and later continue attachment, revoke it, or decide not to attach, before referring the matter to the Adjudicating Authority.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Benami property attachment procedure governs notice, provisional attachment, and referral before adjudication.
Section 24 sets out the notice and provisional attachment mechanism for property suspected to be benami. The Initiating Officer must record reasons in writing before issuing notice, and where the beneficial owner is known, a copy of the notice must also be served on that owner. The noticee may furnish explanation within the specified time. If there is a risk of alienation, the Initiating Officer may, with prior approval, provisionally attach the property, and later continue attachment, revoke it, or decide not to attach, before referring the matter to the Adjudicating Authority.
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