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april 1996

Supreme Court of India · 1996-04-30

HEIRS OF VRAJLAL J. GANATRA(DEAD) vs HEIRS OF PARASHOTTAM S.SHAH(DEAD)

Citation / case number
SC 1995/15388
Court
Supreme Court of India
Petitioner
HEIRS OF VRAJLAL J. GANATRA(DEAD)
Respondent
HEIRS OF PARASHOTTAM S.SHAH(DEAD)
Author
THOMAS
Bench
K.T. THOMAS MADAN MOHAN PUNCHHI

Judgment text excerpt

The Supreme Court addressed the issue of benami transactions under the Benami Transactions (Prohibition) Act, 1988, specifically Section 4(1). The Court held that the provisions of the Act are prospective and do not apply to transactions prior to its enactment, thus the sale-deed from 1963 remains valid. The Court emphasized that the determination of whether a transaction is benami depends on the intention of the parties involved, placing the burden of proof on the claimant asserting the transaction's benami nature. The appeal was dismissed, affirming the High Court's ruling on the matter.

HEIRS OF VRAJLAL J. GANATRA(DEAD) vs HEIRS OF PARASHOTTAM S.SHAH(DEAD) · Niyam