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Benami Zone Files New References to Adjudicating Authority

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Legal Editorial Desk
Benami Zone Files New References to Adjudicating Authority
In its ongoing drive against Benami Properties, Benami Zone, Islamabad, has filed two new references to the adjudicating authority in Islamabad. According to details, Benami Zone, Islamabad, had received a complaint that a ‘Mr. Aslam’ had purchased plots in the Cooperative Housing Society, Islamabad, in the name of a lady. To investigate the matter, the Initiating Officer had initiated correspondence with the society administrator, and documentary evidence revealed that ‘Mr. Aslam’ had purchased five plots in the society, two of which were under the name of the woman. However, the tax record of the female benamidar showed that she had not declared the plots in her name in a wealth statement. The lady was summoned for investigation and her legal counsel submitted a notice that she was not the owner of the plots in question. The inquiry was approved by the Commissioner IR Benami Zone, Islamabad, and the plots were provisionally attached to prevent the transfer of ownership. In her written reply, the woman stated that the plots did not belong to her and their actual owner was ‘Mr. Aslam,’ and provided a copy of the allotment letter issued in his name. It was an old allotment letter that was sent to the society for verification and the society was asked about the current owner of the plots. The society replied that as per its record, the actual owner of the plots was the woman who had denied their ownership. This is a case of Benami ownership wherein the benamidar was unaware of the ownership of the plots in her name. She was in possession of an allotment letter about the plots under the name of the beneficial owner ‘Mr. Aslam,’ but was incognizant of the situation of the ownership status of the plots. After the fulfillment of legal formalities and the collection of evidence, Benami Zone, Islamabad, has filed a reference against both the plots measuring 816 square yards and 991 square yards, respectively. The adjudicating authority will start the hearing of the reference and will pass its order under the law, holding the property as Benami property or otherwise. Benami zone, Islamabad, has filed and won many references  before the adjudicating authority for cases with movable assets in which the ownership of assets was denied. The current references are the first of their kind involving the ownership of immovable property that has been declined by the benamidar.
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Authored and reviewed by the corporate law and tax litigation practice group at Javid Law Associates. Our team comprises High Court advocates, corporate legal advisors, and authorized tax practitioners across Pakistan.

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