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What is Benami Property Act and its Impact on Real Estate?

Indian Real Estate

What is Benami Property Act and its Impact on Real Estate?

By Dan EK

17, January 2026

Have you ever heard of the "Benami Property Act"?

The real estate business revolves around the concept of production, selling, and buying of land. As Louis Glickman, a philanthropist and New York-based real estate investor, says, “The best investment on Earth is Earth.” This is a universal principle that is abided by real-estate sellers as well as buyers.

What is Benami Property Act?

Benami Property Act or let's say Benami Transaction Act, is an act passed by the Parliament of India in order to prohibit some of the illegal financial transactions in India. This Act came into existence in the year 198 under the section of the 2016 Amendment. With a mission of bringing down the black money in India, the Benami Property Act bans all the Benami transactions in India.

The Benami Transaction Act has been in force for a long period of time, yet the transaction has been commenced. The enforcement of illegal transactions, ie, the Indian black money has become one of the major problems in India.

The Impact of Benami Property Act on Real Estate

Talking about ‘Benami property’ in the real-estate business context, we observe that it is a term that is extensively used every now and then. Have you thought about what it could possibly mean? And what impact does it have on real estate? This article attempts to find an answer to both questions.

The term ‘Benami’ conveys the meaning of the purchase of land by veiling the identity of the buyer of the property. The real owner purchases it in the name of a benamdar. A Benami transaction is a system by which a property is held by a person for which the payment is made, or consideration is provided by another person. So, what all comes under Benami properties to give it this meaning? Come, let us explore!

Property bought by you for any of your family members for which the amount is paid with a traceable, known source of income can come under Benami properties.

A property bought in a fiduciary capacity between a trustee and a beneficiary can also come under this.

Not just individual properties, properties that are jointly bought can also fit into this category. The condition is that the amount for that land purchase should be paid with a known source of income.

There are certain pointers to which attention has to be given before tagging a property as a Benami property. Some of these include:

The evaluation of the motive behind the purchase

The money source for the property purchase

The conduct of both the buyer and seller during and after the transaction

The relationship between the benamdar and owner

The nature of the use of the property after the purchase

However, there are certain exemptions to these conditions as listed with reference to the Benami Transactions (Prohibition) Act. This particular came into effect in the year 1988. It was later amended in the year 2016. The immunity is achieved by certain property buyers when the land purchase is made in the name of certain specific relatives of the family under specific conditions. Mostly these kinds of transactions and activities are done to save their assets from the taxation dept.

For instance, the property can be held in the name of a son without attracting the provisions of the Prohibition of Benami Property Transaction Act of 1988’. This can be done if the consideration is made out of a known source of that particular individual. But the same cannot be done in the name of a brother’s son. This will attract the Benami Act. The act was still found to have certain deficiencies. In order to address the same, the Benami Transactions (Prohibition) Bill of 2011 was formulated.

Over the years, amendments were made to the act, and there have been many noted changes. The amended Benami Act accounts for certain conditions – holding the property in the name of a parent, which is funded by the child, can attract the Benami law now. From the 1988 Benami Act to the 2016 amendment made to it, many vital modifications have been observed.

This is thought to have an impact on both old and new property buyers. The amendment has made stricter provisions – those found guilty of the offense committed under the Benami Act will be imprisoned for seven years and will be charged with a fine of about 25 percent of the property’s market value. They can also lose their property.

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But these amendments and changes made to the act also come up with certain limitations.

Say, for example – Consider a scenario of you buying a property from your friend. If this friend was a benamdar of another person who has initially paid for the property, and even if you have no clue regarding the purchase of the land, you could fall into trouble. The government can attach the property you bought even if you have paid the consideration out of known sources.

Now that we have gone through the Benami Act meaning and the essence of Benami transactions, let us get into the crux of the impact of impacts on real estate.

The importance of the Benami Property Act

Below are some of the major importance of the Benami Property Act or the Benami Transaction Act in India:

1. Effect on investor confidence:

The property ownership will be transparent under the Benami Property Act. This can reduce the confidence of investors.

2. Effect on real estate transaction volume:

The prohibition of the Benami Property Transaction Act has an impact on land transactions and affects the volume of such real estate transactions.

3. Effect on black money turning into white:

The Benami issue is considered an important issue because of the possibility of conversion of black money into white. It implies the idea of restriction of unaccounted cash flow into the economy.

4. Effect on real-estate prices:

The industry of real estate is the main area of investing this unaccounted money. With the intervention of the Benami Property Act in the field of real estate, the property price will be affected adversely.

5. Effect on the clear definition of Benami transaction:

If found that the property purchase attracts the Benami Property Act, there will be a proper penalty as instructed by responsible authority and law.

6. Effect on bringing clarity of title:

The Benami Property Act will help unveil the identity of the owner. This can put the investors in a dilemma since the actual owner will come into the picture. This will also tend to limit the participation of financial institutions.

Your mind voice must have asked you by now –

What if the Benami property is located outside your country?

For sure, the confiscation of such property will be quite a hassle, and the procedure will have certain complications. However, the definition of a Benami property under the act is extensive and can account for the transaction, even in this scenario. The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act of 2015 can be applied in this case by the authorities to account for assets that are undisclosed and out of India.

Categories of Benami Properties

The Benami Transactions (Prohibition) Act, 1988 defines benami property broadly. Here are the primary categories:

1. Property Held in the Name of Another:

This practice, which is frequently used for illicit purposes, can take two forms: direct and indirect benami.

Direct benami is the simplest form. A property is acquired with one person's funds, but the title is transferred to another individual's name. The genuine owner of the property is the person who paid for it, not the person mentioned on the formal documents. This arrangement lets the actual owner to enjoy the benefits of property ownership without their name showing on official records, which is frequently used for tax evasion, money laundering, or evading legal penalties.

The indirect benami plan is more complex, with the ownership trace purposely obscured. The property is transferred through many individuals, resulting in a complex web of transactions that make it difficult to determine the final beneficiary. These layers of transactions may include family members, friends, or even complete strangers, making it impossible for authorities to determine genuine ownership. The fundamental goal of indirect benami is to conceal the source of cash and prevent detection. The trail becomes increasingly difficult to follow as more people are involved, making it a favorite approach for those engaged in illegal activities.

2. Property Held by a Fictitious Person

A property in the name of a fictitious person is a sophisticated means of concealing true ownership. In this situation, a property is purchased under the name of a fictitious or non-existent person. The fundamental motivation for such a transaction is to disguise the genuine identity of the beneficial owner. Individuals or companies might circumvent legal and tax duties, launder illegal funds, or engage in other fraudulent acts by posing as owners. The complications of identifying and establishing a person's non-existence make this type of benami transaction especially difficult to detect and prosecute.

3. Property Held by a Minor or Person of Unsound Mind

A particularly insidious form of benami property involves the exploitation of minors or individuals with impaired mental capacity. Exploiting kids or adults with diminished mental ability is a particularly insidious kind of benami property. In such circumstances, property is purchased in the name of someone who is legally unable to own or manage assets. The fundamental purpose is to protect the actual owner from legal and financial consequences. The minor or person of unsound mind is merely a front, while the true beneficiary has power over the property. This behavior not only deprives the legal owner of their property, but also puts the vulnerable individual at risk. The Benami Transactions Act specifically prohibits such transactions, and individuals who engage in such illegal operations face severe penalties.

4. Property Held by a Trust or Company

Trusts and businesses can be used to conceal actual property ownership. In a benami transaction involving these entities, the property is nominally owned by a trust or business while the true beneficiaries are undisclosed. A small group of people, usually the creators or trustees, have control over the property. This complex design serves to separate the property from its real owner, making it harder to identify beneficial ownership. Such entities are frequently used to avoid taxes, conceal illicit payments, or protect assets from legal action. The Benami Transactions Act casts a wide net to encompass these complex ownership patterns, aiming to unravel the layers of concealment and establish the true identity of the property owner.

5. Property Purchased with Undisclosed Income

A cornerstone of benami transactions, property acquired through undisclosed income or illegal funds is a primary target of the Benami Property Act. This category, often referred to as "black money property," encompasses assets purchased using money that hasn't been declared to tax authorities or derived from illicit activities. By placing property in the name of another person, individuals seek to conceal the illicit origins of their wealth. Such transactions not only erode the tax base but also fuel corruption and economic inequality. Identifying and recovering black money property is crucial for a transparent and equitable financial system.

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National Logistics Policy 2022 & Real Estate

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