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Analysis of alleged benami transaction focusses on beneficial...
Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequences.
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Analysis of alleged benami transaction focusses on beneficial ownership, source of consideration, and documentary versus circumstantial evidence. Tribunal applied the doctrine of sham/fraudulent transactions and found that payment by nephews and post-registration transfers evidenced benami layering, negating the lineal ascendant/descendant exception because the property benefited the payors, not the registered holder; consequence: findings attract PBPTA consequences. Procedural compliance with Rule 5 was held immaterial where substantive benami elements are established, with bank statements, agreements and admissions satisfying the evidentiary burden; consequence: procedural objections do not vitiate the substantive determination of benami ownership.
Analysis of alleged benami transaction focusses on beneficial ownership, source of consideration, and documentary versus circumstantial evidence. Tribunal applied the doctrine of sham/fraudulent transactions and found that payment by nephews and post-registration transfers evidenced benami layering, negating the lineal ascendant/descendant exception because the property benefited the payors, not the registered holder; consequence: findings attract PBPTA consequences. Procedural compliance with Rule 5 was held immaterial where substantive benami elements are established, with bank statements, agreements and admissions satisfying the evidentiary burden; consequence: procedural objections do not vitiate the substantive determination of benami ownership.
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