2010 (9) TMI 814

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.... (Forfeiture of Property) Act, 1976 (for short the "Act"). 3. The appellant purchased an immovable property in Door No. 16G/1B, Jaihindpuram, Nehru Street, Madurai-11 (hereinafter referred to as the 'Property'), from the fourth respondent herein by means a registered sale deed, dated 1-2-1999. The fourth respondent had earlier purchased the property from the third respondent by sale deed dated 6-3-1995. It appears that a notice dated 4-11-1993 was issued under Section 6(1) of the Act, giving notice of forfeiture of the said property and the notice was issued to the third respondent, who is the wife of one Mr. V. Karuppaiah. This notice of forfeiture culminated in an order of forfeiture passed under Section 7 of the Act, by order dat....

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.... V. Mohan and another v. The Income fax Officer and Ors., 2008 (2) Tamil Nadu Law Notes Journal (Civil). The learned counsel appearing for the fourth respondent supported the case of the appellant. 6. The short issue, which falls for consideration in this appeal is as to whether, the appellant has any right over the property in question, which is subject matter of forfeiture under the Act. The Act was enacted to provide for the forfeiture of illegally acquired properties of smugglers and foreign exchange manipulators and the matters connected therewith or incidental thereto. Section 3(c) of the Act, defines "illegally acquired property" to mean any property acquired by a person to whom the Act applies either wholly or partly out of ....

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....f under Section 10, any property referred to in the said notice is transferred by any mode whatsoever such transfer shall, for the purposes of the proceedings under this Act, be ignored and if such property is subsequently forfeited to the Central Government under Section 7, then, the transfer of such property shall be deemed to be null and void." 12. From a perusal of the aforesaid provision, it is manifest that Section 11 of the Act, after notice issued under Section 6 or Section 10, if any property referred to in the notice is transferred by any mode whatsoever such transfer for the purposes of the proceedings under the Act shall be deemed to be null and void. In such circumstances, no right accrues either to the third respondent....