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2022 (3) TMI 1008 - CALCUTTA HIGH COURTBenami transaction - preliminary decree passed by the learned Civil Judge - Trial Judge passed a decree disregarding the amendments made in Sections 3 and 4 of the Prohibition of Benami Property Transactions Act, 1988 - HELD THAT:- Trial Judge has failed to appreciate that the property was purchased by the father in the name of the mother and accordingly, the said property should be treated as the property of the father. On the demise of the father, the parties shall inherit the property in equal measure. It is true, that the learned Trial Judge has relied upon the unamended Sections 3 and 4 of the Prohibition of Benami Property Transactions Act, 1988 in arriving at a finding that the plaintiff no.1 is the co-owner of 8 anas share of the 'kha' schedule property. However, by reason of amendment, to which our attention is drawn by Mr. Prasad, the mother becomes the absolute owner of the 'kha' schedule property which was purchased in her name by her husband. Mr. Prasad submits that the property was purchased in the joint names of the plaintiff no.1 and her husband. Although, the learned Trial Judge has referred to the unamended provision but the new amended provision conclusively vested the right in favour of her towards her 8 anas claim in 'kha' schedule property. In view thereof, the order of the learned Trial Judge is upheld, however, for the reason recorded in this order. The appeal fails.
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