Benami Transactions (Prohibition) Act, 1988
Benami Transactions (Prohibition) Act, 1988 (name changed to Prohibition of Benami Property Transactions Act, 1988 by section 3 of the 2016 amendment) is an Act of the Parliament of India that prohibits certain types of financial transactions. The act defines a 'benami' transaction as any transaction in which property is transferred to one person for consideration paid by another person. Such transactions were a feature of the Indian economy, usually relating to the purchase of property (real estate), and were thought to contribute to the Indian black money problem. The act bans all benami transactions and gives the government the right to recover property held benami without paying any compensation.
The Benami Transactions (Prohibition) Act, 1988 | |
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Parliament of India | |
Long title
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Citation | THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988; THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016 |
Enacted by | Parliament of India |
Commenced | 19 May 1988 |
Status: In force |
The act came into force on 5 September 1988. Although benami transactions are now illegal, the act had limited success in curbing them. Updated versions were therefore passed in 2011 and 2016, seeking to more comprehensively enforce the prohibitions.