Question Details

What is the meaning of the term Benami?

Options

A

Transactions made in the name of a fictitious or relatively insignificant person, whereas the real beneficiary remains unnamed.

B

In the name of a person called ’Benam’.

C

Transaction is done by and in the name of the real owner

D

The special transactions where the real beneficiary remains traceable and accountable

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Correct Answer :

Option A

Transactions made in the name of a fictitious or relatively insignificant person, whereas the real beneficiary remains unnamed.

Solution :

The correct option is: Transactions made in the name of a fictitious or relatively insignificant person, whereas the real beneficiary remains unnamed.

To understand why this definition is correct, we can break down the term and its application as follows:

1. Etymology and Literal Meaning:
The word "Benami" is derived from Persian roots. "Be" means "without" and "nam" means "name". Literally, the term translates to "without name" or "anonymous".

2. Legal and Financial Context:
In business and legal contexts, a Benami transaction refers to an arrangement where a property is purchased, held, or transferred in the name of one person (referred to as the "Benamidar"), but the actual payment or consideration is provided by another person.
The person who provides the funds does so for their own immediate or future benefit, making them the real beneficiary.

3. The Roles Involved:
- The Benamidar: Often a fictitious person, a proxy, or a relatively insignificant associate (such as a domestic worker, a relative, or a shell entity) who lends their name to the transaction but has no real financial interest in the asset.
- The Real Owner: The actual beneficiary who remains hidden or unnamed in the official transaction records to avoid tax liabilities, hide undisclosed wealth, or bypass legal restrictions.

Therefore, the transaction is characterized by the real beneficiary remaining unnamed or hidden behind a proxy name, which aligns perfectly with the correct option.

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