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Report No. 57

6.30A. Saving for section 53, T.P. Act or for transfers for an illegal purpose.-

It may, of course, be necessary to introduce a saving for section 53 of the Transfer of Property Act, so that the fact that the real owner is to be debarred from enforcing his right against the benamidar (which is, in substance, the gist of the proposed provision), should not be understood as standing in the way of setting aside a transfer by the real owner to the benamidar, if the transfer was made with intent to defeat or delay the creditors of the transferer and is thus attracted by section 53.

For similar reasons, it will be necessary to save the law relating to transfers for an illegal purpose.1

1. Section 6(1)(2), Transfer of Property Act, and section 48, Trusts Act.

Benami Transactions Back

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