Spousal and parental property purchases exempt from benami classification under legislative framework. Transactions between spouses recognized as non-...
Benami transaction - Whether the plaintiff is a fictitious person? - If an agreement to sale suffers from the vice of benami transaction within the meaning of section 2(a) of the Act, the same falls in the category of contracts forbidden by law as contemplated under section 23 of the Indian Contract Act, the object whereof is unlawful. Hence, inexecutable in an action for specific performance.
Benami transaction - Whether the plaintiff is a fictitious person? - If an agreement to sale suffers from the vice of benami transaction within the meaning of section 2(a) of the Act, the same falls in the category of contracts forbidden by law as contemplated under section 23 of the Indian Contract Act, the object whereof is unlawful. Hence, inexecutable in an action for specific performance.
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