In which kind of relationship, 'benami transfer' of land is NOT possible? |
Husband and wife Malik and servant Among friends Among cousins |
Husband and wife |
The correct answer is Option (1) → Husband and wife In India, "benami transfer" of land refers to a transaction where a property is held by one person (the 'benamidar') but the consideration for it has been provided by another person (the 'beneficial owner'), and the property is held for the immediate or future benefit of the beneficial owner. In the context of land ceiling Act, rich farmers would illegally transfer land (on paper) to their wives (after a fake divorce) to show that the family's total landholding was below the ceiling limit. The land, though legally in the wife's name (post-divorce), was still beneficially owned and controlled by the husband/family. It implied that benami transfer was not possible when husband and wife were legally wedded. "A major category of land reform laws were the Land Ceiling Acts. These laws imposed an upper limit on the amount of land that can be owned by a particular family. The ceiling varies from region to region, depending on the kind of land, its productivity, and other such factors. Very productive land has a low ceiling while unproductive dry land has a higher ceiling limit. According to these acts, the state is supposed to identify and take possession of surplus land (above the ceiling limit) held by each household, and redistribute it to landless families and households in other specified categories, such as SCs and STs. But in most of the states these acts proved to be toothless. There were many loopholes and other strategies through which most landowners were able to escape from having their surplus land taken over by the state. In some places, some rich farmers actually divorced their wives (but continued to live with them) in order to avoid the provisions of the Land Ceiling Act, which allowed a separate share for unmarried women but not for wives. These were also called ‘benami transfers’." |