Plaintiff claimed share properties standing in his mother’s name as purchased by his deceased father in his mother’s name and that his mother was only benamidar. Court held that in view of Prohibition of Benami Property Transaction Prohibition Act, 1988 plea was not available since section 3 thereof casts presumption that any property purchased in name of one’s wife is presumed to be for her benefit.
Ambethraj v. Gowthaman (2022) 285 Taxman 159 (Mad.)(HC)
S. 3(2)(a) : Prohibition of benami transactions-Son cannot claim share in property allegedly purchased by his deceased father benami in his mother’s name as section 3(2)(a) of Benami Act presumes that any property purchased in name of one’s wife is for her benefit.