Prelims 2017 · Q20
MediumWith reference to the ‘Prohibition of Benami Property Transactions Act, 1988 (PBPT Act)’, consider the following statements:
- 1.A property transaction is not treated as a benami transaction if the owner of the property is not aware of the transaction.
- 2.Properties held benami are liable for confiscation by the Government.
- 3.The Act provides for three authorities for investigations but does not provide for any appellate mechanism.
Which of the statements given above is/are correct?
Answer & explanation
Answer: (b) 2 only
The amended Act (in force from 1 November 2016) expressly counts a deal as benami even when the recorded owner is unaware of it, lets the Government confiscate benami property, and provides an appeal route through an Adjudicating Authority and an Appellate Tribunal. Only statement 2 is correct.
- ✗ 1. The definition of a benami transaction includes an arrangement where the owner of the property is not aware of, or denies knowledge of, the ownership. Lack of awareness makes it benami; it does not exempt it.
- ✓ 2. Property held benami can be provisionally attached and then confiscated by the Government, without payment of compensation.
- ✗ 3. Income-tax officers act as Initiating Officer, Approving Authority and Administrator, and there is an Adjudicating Authority too; appeals lie to the Appellate Tribunal, so an appellate mechanism does exist.
Remember · PBPT Act (amended 2016, effective 1 Nov 2016): 'owner unaware' still counts as benami; benami property confiscated without compensation; appeals via Adjudicating Authority and Appellate Tribunal.
Sources
- Indian Economic Service, Arthapedia: Benami Property ↗ “Benami transaction includes a transaction or an arrangement in respect of a property carried out or made in a fictitious name; or where the owner of the property is not aware of, or, denies knowledge of, such ownership … Properties held benami are liable for confiscation by the Government without payment of compensation. An appellate mechanism has been provided under the PBPT Act in the form of Adjudicating Authority and Appellate Tribunal.”
- PIB, Ministry of Finance (24 March 2017): Benami Transactions (Prohibition) Amended Act, 2016 ↗ “the Central Government has notified specified Income-tax authorities to act as Initiating Officer, Approving Authority and Administrator in respect of benami transactions. Further, vide Notification No. SO 3288E, dated 25.10.2016, the Adjudicating Authority has been notified”
Question and answer: UPSC's official GS Paper I (2017, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). Permalink ·