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Onus to prove that transaction were benami rests on plaintiff: SC
Case Law Details
- Case Name
- Mangathai Ammal (Died) through LRs Vs Rajeswari & Others (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Mangathai Ammal (Died) through LRs Vs Rajeswari & Others (Supreme Court)
In the case of Jaydayal Poddar it is held that the burden of proving that a particular sale is benami and the apparent purchaser is not the real owner, always rests on the person asserting it to be sold.
In P. Leelavathi it is held that particular transaction is benami in nature following 6 circumstances can be taken as guide –
(1) the source from which the purchase money came;
(2) the nature and possession of the property, after the purchase;
(3) motive, if any, for giving the transaction a benami colour;
(4) the ...
