{"id":23959,"date":"2026-05-09T11:41:48","date_gmt":"2026-05-09T11:41:48","guid":{"rendered":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/?p=23959"},"modified":"2026-05-09T13:18:04","modified_gmt":"2026-05-09T13:18:04","slug":"property-purchased-in-benami-transaction-cannot-be-claimed-through-will-supreme-court-landmark-judgment-explained","status":"publish","type":"post","link":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/property-purchased-in-benami-transaction-cannot-be-claimed-through-will-supreme-court-landmark-judgment-explained\/","title":{"rendered":"Property Purchased in Benami Transaction Cannot Be Claimed Through Will: Supreme Court Landmark Judgment Explained"},"content":{"rendered":"\n

<\/span>A Defining Judgment In India\u2019s Property, Succession, And Anti-Benami Jurisprudence<\/span><\/h1>\n\n\n\n

In a judgement of far-reaching national importance, the Supreme Court of India<\/a> has firmly held that a person claiming to be the \u201creal owner\u201d of a benami property cannot enforce ownership rights merely on the basis of a will executed by the benamidar (ostensible owner). The Court ruled that such testamentary arrangements cannot be used to defeat the statutory prohibition contained in the Prohibition of Benami Property Transactions Act, 1988.<\/p>

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