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Agricultural Land Laws for NRIs
1. Meaning of Benami Property
- Any asset held in someone else's name, while the actual payment was made by another person, constitutes a benami property.
- The person in whose name the property is registered is called the benamidar.
- Beneficial owner means the real payer or the person who receives the benefit of the property.
- The term applies to: Land, plots, buildings, Farmhouses, vehicles, jewellery, cash, shares, financial assets
2. Why Benami Transactions Are Prohibited
These Benami properties are used to:
- Conceal illegal revenues
- Hide assets
- Evade taxes
- Invest black money in real estate.
3. Types of Benami Transactions
A transaction may be benami if:
- Property is in some other person's name, yet money is provided by some other person.
- The owner denies knowledge of the property.
- The actual source of the funds remains hidden.
- A fictitious name or identity is used in the transaction.
4. What is not Benami
Certain genuine situations are exempt, such as:
- Property held in the name of a spouse or child
- Property held for the benefit of a Hindu Undivided Family.
- Assets held by a trustee, company director, or partner on behalf of the organization.
- Property acquired through known and legal sources of income with proper documentation.
5. Important Provisions of the Benami Property Act
All benami transactions are strictly prohibited.
Authorities are empowered to:
- Investigate
- Attach property
- Freeze transfers
- Confiscate assets
- The law applies to both:
- The nameholder (benamidar)
- The beneficial owner -actual payer-
6. Penalties for Benami Transactions
Penalties under the law are stringent:
- Rigorous imprisonment from 1 to 7 years.
- A monetary penalty of up to 25% of the fair market value of the property.
- For furnishing false information or misguiding the investigations, end
- Imprisonment of between 6 months and 5 years.
- A fine of up to 10 per cent of the property's fair market value.
7. Consequences for Individuals
If involved in a benami deal:
- You lose legal ownership of the property.
- Confiscated property is taken by the government without compensation.
- Both parties can face jail and fines: the real owner and the nameholder.
- Even unknowing participation may lead to investigations and legal problems.
8. Why Understanding Benami Laws Matters
- Prevents buying property that might thereafter be seized.
- Helps in ensuring that real estate transactions are clean, transparent, and compliant.
- Safeguards residents and NRIs from fraudulent or illegal dealings.
- Essential for safe investing in land, plots, and property in India.
Conclusion
Laws on benami property in India are designed to ensure transparency and prevent real estate from being misused for illicit financial dealings. Any property bought in someone else's name, when not clearly, legally, and documentedly justified, can be classified as benami. The penalties are strict, and the government has strong powers to investigate and confiscate such assets. It is very important for every buyer, investor, and especially NRIs who wish to invest in Indian property to understand these rules.
Jadid in Land Terminology: A Closer Look at Fresh Land Settlements
Land transactions can be like a puzzle; understanding the terminology is the key to unlocking its secrets. One term you might come across is "Jadid," which means new in the Indian land language. Let Genuine Plots guide you through the nuances and help you understand the various types of land settlements.
Taxguru
Understanding "Jadid": What Does It Mean?
The word "Jadid" translates to new, and in the realm of Indian land terminologies, it signifies a fresh or entirely revised settlement – a Jadid settlement. This term is crucial in keeping land records updated and legally sound, forming the bedrock for clear and lawful land transactions.
What is a Jadid Settlement?
A Jadid settlement involves a thorough re-measurement while considering existing land records. Why might we need such a completely revised settlement? Changes in market conditions, unforeseen events, or the necessity to modify terms for mutual benefit can be reasons. Essentially, Jadid settlements ensure land agreements stay relevant and effective over time by providing updated and legally compliant land records.
Banjar Jadid: Another Twist to the Term
There's another phrase in the world of land records - Banjar Jadid. This refers to a new fellow land not cultivated for four consecutive harvests. It's another facet of the term "Jadid" emphasizing the newness or untouched nature of the land.
Differences Between Jadid and Regular Settlements
In the land terminology dictionary, Jadid settlement means a complete revision, while a regular or Kanooni settlement refers to a legal agreement where the previous record is non-existent. In simple terms, Jadid settlements allow parties to adapt to changing market conditions, resolve disputes, and ensure ongoing compliance with legal requirements.
Why Are Jadid Settlements Important?
Picture it as giving your land agreement a fresh coat of paint. Jadid settlements help parties navigate changing circumstances, settle disagreements, and maintain compliance with the law. They pave the way for smooth and sustainable land transactions by providing updated and legally sound records.
With this newfound knowledge, you can confidently navigate the land labyrinth, making informed decisions for a brighter land-owning future. Stay updated on the latest developments in plot properties in Maharashtra by following Genuine Plots.
Land transactions can be a labyrinth of confusing terms, especially when checking records online. In this simplified guide, Genuine Plots unravels key terms, empowering you to make informed decisions and ensuring smooth navigation through the world of land transactions. Let's embark on this journey together, where understanding land records becomes as easy as a walk in the park.
Jamabandi
- Jamabandi serves as the Records of Rights (RoR), providing intricate details about land ownership, including information about owners and cultivators.
Nakal
- Nakal is a document that encapsulates all essential information about a piece of land, covering ownership patterns, revenues, and other pertinent details.
Khata
- Khata is a crucial revenue document that assesses a property's size, location, and build-up area. It also pinpoints the individual responsible for property tax payments.
Khasra or DAG Number
- Often referred to as DAG number, Khasra is a unique identifier assigned to a land parcel in a village. In urban areas, it corresponds to the survey number.
Khewat
- Khewat is a number assigned to landowners who collectively own a piece of land. Think of it as an account number granted to various owners of the same parcel.
Mauza
- Mauza is the term used to refer to a village, a significant geographical unit in land records.
Bainama
- Bainama is synonymous with a sale deed, providing a comprehensive transaction record.
Khatauni
- Khatauni acts as a comprehensive account book, detailing all landholdings and their respective landowners.
Patta
- Patta is a record of rights, a document that unveils the name of the legal owner of a piece of land property.
Khudkasht
- This document signifies that the land is cultivated by its owners, not external cultivators.
Embarking on a land transaction journey can be daunting, but armed with these simplified explanations, you'll be better equipped to decode the complexities of land records.
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