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● Benami Act

Property in a Relative's Name: Joint Holdings and the Exceptions

📅 Jul 16, 2025
👤 Advocate Deepak Kumar
⏱️ 2 min read
📂 Benami Act
What about a brother, a parent, a joint purchase with family? The Benami Act has a specific - but narrower - exception for certain relatives held jointly. Here is who qualifies, and the condition that makes or breaks it.
In plain words: what about a brother, a parent, a joint purchase with family? The Benami Act has a specific — but narrower — exception for certain relatives. The details matter.

The relative exception

The Act excludes property held by an individual in the names of certain close relatives as joint owners — namely a brother, sister, or lineal ascendant or descendant — where the individual appears as a joint owner and the property is bought from known sources of income.

Note the two conditions

  • The relationship must be within the listed categories (brother, sister, lineal ascendant/descendant).
  • The individual providing the funds must generally be a joint owner, and the money must be from known sources.

How it differs from spouse/child

For a spouse or child, the property can be in the relative's sole name (from known sources) and still be exempt. For brother/sister/parent, the exception is framed around joint ownership — a narrower protection, so structure matters.

Where people slip up

  • Putting property solely in a brother's or parent's name while paying fully — outside the joint exception.
  • Using a relative's name to hide unaccounted money.
  • Claiming a relationship not within the listed categories (e.g. cousin, friend).

The safe approach

If family members genuinely co-own from disclosed income, document it. If you are funding a property entirely but putting it in a relative's name, take advice — that is where benami risk lives.

Frequently asked questions

Can I buy a house only in my brother's name? That falls outside the joint-owner exception — risky; take advice.

Is a cousin covered? No — only brother, sister and lineal ascendants/descendants are listed.

What is the key condition? Joint ownership plus funding from known sources.

How Vakil Help Desk helps

Vakil Help Desk advises on Benami Act notices, provisional attachment and confiscation, and defends clients before the Initiating Officer, the Adjudicating Authority and the Appellate Tribunal — often alongside linked PMLA and income-tax matters. If you have received a benami notice or are worried about a property holding, we can help.

This article is for general legal awareness, not individual legal advice. The Benami law and the case law around it (including on how far the 2016 amendments apply) continue to evolve, and the right answer depends on your facts and the current legal position. Please consult a lawyer before acting on a benami notice or transaction.

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