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.
Our Specialist Benami Transaction Lawyers will analyze your case, and advise you best on how to proceed. This depends on your current case and your desired outcome. Once more, our Panel work on our “24Justice Fixed Fee” basis, which means you will get the most reasonable price, and the most professional service available.
A Benami (meaning “without a name”) Transaction is where the person who purchased the goods/property is different from the person who ultimately owns the property.
A Benami case is where someone claims that they actually own the goods/property as they paid for it, even if the ownership is claimed or recorded by someone else.
A Benami case is usually followed in by Civil Law, although if ownership/payment of the goods, assets or property were obtained illegally (i.e.through forgery, deceit etc.) then criminal law would apply.
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