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Introducing the “In Favour Of” filter in Case Laws.
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of <h1>Benami property prohibition bars suits and defences by alleged real owners; prior fiduciary and HUF exceptions removed by amendment.</h1> Section 4 bars any suit, claim or action to enforce rights in respect of property held benami against the nominal holder or any other person, and bars any defence based on a right in such benami property; the effect is that claimed real owners cannot seek judicial recovery nor invoke benami ownership as a defence. The prior carve-outs for coparceners in a Hindu undivided family and for trustees or fiduciaries were removed by later amendment, eliminating those exceptions and making the prohibition absolute for the specified categories formerly protected.
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