Benami property rights barred from suit and defence, with former family and fiduciary exceptions omitted. Prohibits a person claiming to be the real owner of property held benami from bringing any suit, claim or action to enforce rights in that property, and also bars any defence based on such rights. The section similarly prevents enforcement against the person in whose name the property is held or against any other person. The text also notes that the former exception clause was omitted; it had covered Hindu undivided family coparcenary holdings and fiduciary holdings such as trusteeship.
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 rights barred from suit and defence, with former family and fiduciary exceptions omitted.
Prohibits a person claiming to be the real owner of property held benami from bringing any suit, claim or action to enforce rights in that property, and also bars any defence based on such rights. The section similarly prevents enforcement against the person in whose name the property is held or against any other person. The text also notes that the former exception clause was omitted; it had covered Hindu undivided family coparcenary holdings and fiduciary holdings such as trusteeship.
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