Study Notes: Banking and Finance

Today in the study Notes we Discuss about Benami Property

What is Benami?

Benami essentially means property without a name. In this kind of transaction the person who pays for the property does not buys it under his/her own name. The person on whose name the property has been purchased is called the benamdar and the property so purchased is called the benami property. The person who finances the deal is the real owner. ‘ The property is held for the benefit – direct or indirect – of the person paying the amount.

What constitutes Benami property?

Property that does not stick to the following criteria:

a) Property held in the name of spouse or child for which the amount is paid out of known sources of income

b) A joint property with brother, sister or other relatives for which the amount is paid out of known sources of income

c) Property held by someone in a fiduciary capacity

This means, by law, if you buy a property in name of your parents, too, can be declared as benami.

In August, Parliament had passed the Benami Transactions (Prohibition) Act, with the assurance from Finance Minister Arun Jaitley that genuine religious trusts would be kept out of the purview of this new legislation.

The new legislation will make a provision of seven year imprisonment and fine, replacing the three-year jail term, or fine, or both.

Here is all you want to know about Benami Act and how it will affect you:

What is Benami Act?

First, a benami transaction is one where a property is held by one person and the amount for it is paid by another person. Therefore, in a benami transaction, the name of the person who paid the money is not mentioned. Directly or indirectly, the benami transaction is done to benefit the one who pays.

What isn’t a benami transaction?

1. Property held under the name of spouse or child, for which the amount is being paid through a known source of income.

2. A joint property with brother, sister or other relatives for which the amount is paid out of known sources of income.

3. Property held by someone in a fiduciary capacity; that is, transaction involving a trustee and a beneficiary.

What falls under benami transaction?

Assets of any kind — movable, immovable, tangible, intangible, any right or interest, or legal documents. As such, even gold or financial securities could qualify to be benami.

How it affects the people?

It is being done to curb on black money. People with unaccounted income will sure have a tough time ahead. As for the general public, it won’t be much of an issue if their transactions are legal.