Benami property confiscation: government may confiscate and vest property, limited exceptions and no compensation; appeal can defer confiscation. Where property is held to be benami, the Adjudicating Authority may confiscate it after hearing the person concerned, subject to prescribed procedure and any appellate order; persons who acquired property from the benamidar for adequate consideration and without knowledge before notice are excepted. Upon confiscation, all rights and title vest absolutely in the Central Government free of encumbrances and no compensation is payable; third party rights created to defeat the Act are void, and where no confiscation becomes final no claim lies against the Government.
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 confiscation: government may confiscate and vest property, limited exceptions and no compensation; appeal can defer confiscation.
Where property is held to be benami, the Adjudicating Authority may confiscate it after hearing the person concerned, subject to prescribed procedure and any appellate order; persons who acquired property from the benamidar for adequate consideration and without knowledge before notice are excepted. Upon confiscation, all rights and title vest absolutely in the Central Government free of encumbrances and no compensation is payable; third party rights created to defeat the Act are void, and where no confiscation becomes final no claim lies against the Government.
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