In which kind of relationship, ‘benami transfer’ of land is NOT possible?
Answer & explanation
Correct answer: option 1
The correct answer is Option (1) → Husband and wife
Option (1) Husband and wife — Not possible (Correct). The Land Ceiling Acts put an upper limit on the land one family could own, and they allowed a separate share for unmarried women but not for wives. Land put in a wife’s name still counted in the family’s holding, so some rich farmers actually divorced their wives, while continuing to live with them, to show the land in the name of a woman who was no longer a wife.
Option (2) Malik and servant — Possible (Incorrect). A servant is not a member of the landowner’s family, so land written in his name on paper was not counted in the family’s holding, while the malik kept control of it.
Option (3) Among friends — Possible (Incorrect). A friend belongs to another family; land shown in his name escaped the ceiling on the owner’s family.
Option (4) Among cousins — Possible (Incorrect). Cousins usually form their own families, so land could be shown in their names in the same way.
Note: A ‘benami’ transfer is one in which land is shown on paper in another person’s name while the real owner keeps it. The NCERT book (2025-26) gives only the case of the wives; it does not discuss servants, friends or cousins.
NCERT (2025-26): “Independent India … The third 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’.…” |