https://www.taxtmi.com/caselaws?id=459557 Benami conveyances intended to defeat creditors remain inoperative where the fraudulent purpose is never carried out and no creditor is defrauded. The transferor may repudiate the arrangement and recover possession because the transferee cannot rely on an unexecuted fraud to retain title. As the conveyance does not operate as a transfer of title, the transferor need not first seek its cancellation before filing a possession suit. Limitation is governed by the residuary provision for possession, rather than the provision governing cancellation of an instrument, and the suit remains within time. en-us Thu, 19 Mar 1908 00:00:00 +0530 Wed, 18 Dec 2024 13:18:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459557 Benami conveyances intended to defeat creditors remain inoperative where the fraudulent purpose is never carried out and no creditor is defrauded. The transferor may repudiate the arrangement and recover possession because the transferee cannot rely on an unexecuted fraud to retain title. As the conveyance does not operate as a transfer of title, the transferor need not first seek its cancellation before filing a possession suit. Limitation is governed by the residuary provision for possession, rather than the provision governing cancellation of an instrument, and the suit remains within time. Case-Laws Indian Laws Thu, 19 Mar 1908 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459557