Supreme Court · 2019 INSC 664 · Decided 9 May 2019
Mangathai Ammal (Died) Through LRS and v. Rajeswari & Others
- Court
- Supreme Court of India
- Citation
- 2019 INSC 664 · [2019] 7 S.C.R. 619
- Case number
- CIVIL APPEAL No. 4805/2019
- Decided
- 9 May 2019
- Bench
- L. NAGESWARA RAO, M.R. SHAH (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
Headnote
Benami transactions: Transactions, whether benami or not - Determination of - Held: Payment of part sale consideration cannot be the sole criteria to hold the sale/transaction as benami - Intention of the person who contributed the purchase money is determinative of the nature of be decided on the basis of the surrounding circumstances; relationship of the parties; motives governing their action in bringing about the transaction and their subsequent conduct - On facts, courts below erred in decreeing the suit for partition of the properties by original plaintiffs-
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