Indian Bare Act | Benami Property Law
Prohibition of Benami Property Transactions Act, 1988 & 2016 Amendment
The Benami Transactions (Prohibition) Amendment Act, 2016 (Act No. 43 of 2016) substantially amended the 1988 law. From 1 November 2016, the principal enactment is known as the Prohibition of Benami Property Transactions Act, 1988 (PBPT Act).
What the law covers
The PBPT Act prohibits benami transactions, restricts claims by an alleged real owner over property held benami, provides for attachment and confiscation of benami property, creates adjudication and appellate mechanisms, and prescribes offences and prosecution provisions.
Section-wise index
The links below are internal references to the site's section pages. Where a provision has subsequently been amended, substituted or omitted, consult the current consolidated Act in the official resources.
Chapter I - Preliminary
Chapter II - Prohibition of Benami Transactions
Chapter III - Authorities
- Section 7 Adjudicating Authority
- Section 8 Composition of Authority
- Section 9 Qualifications for appointment of Chairperson and Members
- Section 10 Constitution of Benches of Adjudicating Authority
- Section 11 Power of Adjudicating Authority to regulate its own procedure
- Section 12 Term of office of Chairperson and Members of Adjudicating Authority
- Section 13 Terms and conditions of services of Chairperson and Members of Adjudicating Authority
- Section 14 Removal of Chairperson and Members of Adjudicating Authority
- Section 15 Member to act as Chairperson in certain circumstances
- Section 16 Vacancies etc not to invalidate proceedings of Adjudicating Authority
- Section 17 Officers and employees of Adjudicating Authority
- Section 18 Authorities and jurisdiction
- Section 19 Powers of authorities
- Section 20 Certain officers to assist in inquiry etc
- Section 21 Power to call for information
- Section 22 Power of authority to impound documents
- Section 23 Power of authority to conduct inquiry, etc
Chapter IV - Attachment, Adjudication and Confiscation
Chapter V - Appellate Tribunal
- Section 30 Establishment of Appellate Tribunal
- Section 31 Composition etc of Appellate Tribunal
- Section 32 Qualifications for appointment of Chairperson and Members of Appellate Tribunal
- Section 33 Terms and conditions of services of Chairperson and Members of Appellate Tribunal
- Section 34 Term of office of Chairperson and Members
- Section 35 Removal of Chairperson and Member from office in certain circumstances
- Section 36 Vacancies, etc not to invalidate proceedings of Appellate Tribunal
- Section 37 Resignation and removal
- Section 38 Member to act as Chairperson in certain circumstances
- Section 39 Staff of Appellate Tribunal
- Section 40 Procedure and powers of Appellate Tribunal
- Section 41 Distribution of business amongst Benches of Appellate Tribunal
- Section 42 Power of Chairperson of Appellate Tribunal to transfer case
- Section 43 Decision to be by majority
- Section 44 Members etc to be public servants
- Section 45 Bar of jurisdiction of civil courts
- Section 46 Appeals to Appellate Tribunal
- Section 47 Rectification of mistakes
- Section 48 Right to representation
- Section 49 Appeal to High Court
Chapter VI - Special Courts
Chapter VII - Offences and Prosecution
Chapter VIII - Miscellaneous
- Section 56 Repeal of provisions of certain Acts
- Section 57 Certain transfers to be null and void
- Section 58 Exemption
- Section 59 Power of Central Government to issue directions etc
- Section 60 Application of other laws not barred
- Section 61 Offences to be non-cognizable
- Section 62 Offences by companies
- Section 63 Notice, etc not to be invalid on certain grounds
- Section 64 Protection of action taken in good faith
- Section 65 Transfer of pending cases
- Section 66 Proceedings etc against legal representative
- Section 67 Act to have overriding effect
- Section 68 Power to make rules
- Section 69 Laying of rules and notifications before Parliament
- Section 70 Power to remove difficulties
- Section 71 Transitional provision
- Section 72 Repeal and saving
Important legal-status note
The Supreme Court's 23 August 2022 judgment in Union of India v. Ganpati Dealcom Pvt. Ltd. was recalled in review on 18 October 2024 (2024 INSC 799). Accordingly, older summaries relying on that recalled judgment should not be treated as the current final position without checking later orders and the applicable facts.