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2018 (3) TMI 642 - HC - Benami PropertyApplicability of Prohibition of Benami Property Transactions Act, 1988 - trial court has rejected the counter claim on account of the same being barred by Section 4 of the Benami Transactions (Prohibition) Act, 1988 - with effect from 1.11.2016 the Benami Transactions (Prohibition) Act, 1988 was amended and the new Act is now called as the Prohibition of Benami Property Transactions Act, 1988 - it was contended that Since the new Act has now become applicable with effect from 1.11.2016 and the counter claim was filed by the appellant nos. 1 and 2 /defendant nos. 1 and 2 in May, 2017, therefore what will govern the parties is not the Benami Transactions (Prohibition) Act, 1988 but the Prohibition of Benami Property Transactions Act, 1988 Held that: - A reading of the provision of Section 2(9)(A)(b)(iv) of the Prohibition of Benami Property Transactions Act, shows that no doubt there can be a transaction, which will not be a benami transaction, if the same is entered into between sisters, but the precondition for applicability of the exception in Section 2(9)(A)(b)(iv) of the Prohibition of Benami Property Transactions Act, is that a person who claims entitlement to a property by the same falling in the exception of Section 2(9)(A)(b)(iv), is a person who is shown as a joint owner in any document, i.e. a document besides the title deeds of the property - In the present case, the only documents which are relied upon by the appellant nos. 1 and 2 /defendant nos. 1 and 2 are the two power of attorneys dated 5.12.2013, and these attorneys in no manner shows any right, title and interest of the appellant nos. 1 and 2 /defendant nos. 1 and 2 in the suit property because these attorneys are simple General Power Of Attorneys executed by the respondents/plaintiffs in favour of the appellant nos. 1 and 2 /defendant nos. 1 and 2 in order to enable the appellant nos. 1 and 2 /defendant nos. 1 and 2 to get the suit property transferred from DDA to the respondents/plaintiffs by execution of Conveyence Deed by the DDA in favour of the respondents/plaintiffs. The claim of the appellant nos. 1 and 2 /defendant nos. 1 and 2 to the suit property is a claim based upon a benami transaction, and which transaction does not fall in the exceptions contained in Section 2(9)(A)(b)(i) to (iv) of the Prohibition of Benami Property Transactions Act, 1988 - appeal dismissed.
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