TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Mother affirmed as property owner under Benami Act, memorandum delay condoned</h1> <h3>Badal Chandra Basak & Ors Versus Bhagwati Basak & Ors</h3> Badal Chandra Basak & Ors Versus Bhagwati Basak & Ors - TMI Issues:1. Condonation of delay in presenting the memorandum of appeal.2. Interpretation of Sections 3 and 4 of the Prohibition of Benami Property Transactions Act, 1988.3. Ownership rights in a property purchased in the name of the mother.Condonation of Delay:The judgment addresses an application for condonation of delay of 20 days in presenting the memorandum of appeal. The Court, after perusing the application, finds sufficient cause for the delay and consequently condones the delay, allowing the appeal.Interpretation of Sections 3 and 4 of the Prohibition of Benami Property Transactions Act, 1988:The appeal arises from a preliminary decree in a partition suit where the Trial Judge's decision was based on the unamended provisions of the Act. However, the appellants argue that the property, purchased in the joint names of the mother and her husband, should be treated as the father's property, with inheritance rights for the parties. The Court acknowledges the amendments in Sections 3 and 4 of the Act, which now make the mother the absolute owner of the property purchased in her name by her husband. Despite the Trial Judge's reliance on the unamended provisions, the amended provision conclusively vests the rights in favor of the mother, upholding the Trial Judge's order based on the amended provision.Ownership Rights in Property Purchased in Mother's Name:The judgment affirms the Trial Judge's decision regarding the ownership rights in the property, emphasizing the amended provision that establishes the mother as the absolute owner. While the appeal fails based on the Trial Judge's order and the amended provision, no costs are awarded. The service of notice of appeal upon the respondents is waived, and the Court directs the provision of an urgent certified copy of the order upon application by the parties.
TaxTMI 
TaxTMI 
