Benami Transaction Case is where the Payee of a Property and the Ultimate owner of the Property are two different people. It is recognized in Pakistan and is a matter which is addressed in Courts of Pakistan. The Burden of Proof of a Benami Transaction is with the person who agitates the case. However, it can shift to the defendant to disprove it in a court case (2008 PLR 137a)
A Benami Transaction Case requires one person (Plaintiff) to take the other (Defendant) to court. Once in court, to then prove that the person who’s name/possession the Property is currently with is not the actual owner of the property in question.
For example; If a Person “A” buys a property, and transfers money to Person “B” as they are nearby and Person “B” goes to pay for it (Because Person “A” is not in the country). Person “B” then puts the property on their name whilst using Persons “A”‘s money.
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