Naresh and Geeta got married on 23 November, 2023 under the Hindu Marriage Act, 1955. For two years they led peaceful married life with little issues here and there . With the passage of time, their married life was disturbed and ultimately they started living separately. 2. On 15 July, 2024 wife filed divorce petition on the ground of cruelty under section 13 of HMA, 1955. She also filed an application of interim maintenance. During the pendency of litigation Mr. Naresh transferred all his property through registered sale deed in the favour of his motherv Asha RRani with an intention to avoid the giving of alimony. In reality, there was no exchange of money between the parties. During the pendency of divorce petition Mr. Naresh and Geeta entered into compromise and all cases were withdrawn by both the parties. Mr. Naresh Sharma demanded his property back from his mother. She showed a cold shoulder. Despite of repeated request by Mr. Naresh Sharma, his mother did not do anything fruitful regarding the transfer of property. Naresh filed a suit against his mother for nullfying the sale deed. Decide the case: Legal issue1 :- Whether the sale deed executed by son in the favour of mother is valid Legal Issue 2:- Whether the above transfer Benami of Sham
Dear Sir, On face of the transaction it seems to be a Benami transaction or Sham and bogus transaction. It seems no consideration was passed to the buyer. The aggrieved party may take action under the provisions of The Benami Transactions (Prohibition) Act of 1988
Dear Client, As per your query, the sale deed executed by Naresh Sharma in favor of his mother is likely to be invalid since the same does not have genuine consideration which is required for validity of this transaction under Section 54 of the Transfer of Property Act, 1882, as the said transaction being voidable. Moreover, since it has been given for the purpose of avoiding alimony, it can be held to be fraud under section 23 of the Indian Contract Act, 1872 which declares that agreements made to defraud others shall be void. Although this does not fall within the Benami Transactions (Prohibition) Act, 1988, it can be said to be benami because there is no actual money exchange involved, and Naresh has a right to appeal in court annulling the sale deed. Feel free to book an appointment for a detailed discussion on the issue.
