NDLI: Mangathai Ammal (died) Through Lrs and Vs. Rajeswari & Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Transactions Determination of Benami transactions whether benami or not
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Benami Transactions (prohibition) Act, 1988 (45 of 1988)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Benami transactions: Transactions, whether benami or not – Determination of – Held: Payment of part sale consideration cannot be the sole criteria to hold the sale/transaction as benami – Intention of the person who contributed the purchase money is determinative of the nature of transaction – Intention has to be decided on the basis of the surrounding circumstances; relationship of the parties; motives governing their action in bringing about the transaction and their subsequent conduct – On facts, courts below erred in decreeing the suit for partition of the properties by original plaintiffsdaughter-in-law and son-in-law, claiming 3/4th share in the suit properties since the father-in-law had purchased the suit properties in the name of his wife-defendant no.1 by selling the ancestral properties – Courts below erred in holding that the transactions/ sale deeds were benami transactions – It erred in shifting the burden on the defendants to prove that the sale transactions were not benami transactions – Merely because of payment of part sale consideration and stamp duty at the time of the execution of the sale deed by the father-in-law, it cannot be said that the sale deed in favour of defendant no.1 was benami transaction – Furthermore, from the facts and circumstances, it cannot be said that the suit properties were purchased in the name of defendant no.1 by the husband from the funds received by selling of the ancestral properties – Thus, the order passed by High Court and trial court holding that the plaintiffs have 3/4th share in the suit properties (except Item Nos. 1 and 3 of the suit propperties) set aside – Benami Transaction (Prohibition) Act, 1988.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 664
Petitioner	Mangathai Ammal (died) Through Lrs And
Respondent	Rajeswari & Others
SCR	[2019] 7 S.C.R. 619
Judgement Date	2019-05-09
Case Number	4805

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Mangathai Ammal (died) Through Lrs and Vs. Rajeswari & Others

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