The SAFEMA Appellate Tribunal ruled that properties belonging to alleged abettors cannot be attached under the PBPT Act unless proven to be benami properties. This underscores the need for clear evidence in such proceedings.
SAFEMA Tribunal: PBPT Act Does Not Allow Abettor Asset Attachment
The SAFEMA Appellate Tribunal has delivered a crucial ruling clarifying the scope of the Prohibition of Benami Property Transactions (PBPT) Act. The Tribunal stated that properties belonging to an alleged abettor cannot be attached unless it is independently proven that these properties are benami in nature.
The ruling emphasizes that the Act only permits the attachment of properties confirmed to be benami, either held by a benamidar or beneficial owner. This decision draws attention to the necessity for clear and compelling evidence before proceeding with asset attachment under the PBPT Act.
Legal practitioners involved in anti-money laundering and asset recovery cases should take heed of this ruling, as it delineates the evidentiary thresholds required in benami property cases and reinforces the safeguarding of rights for alleged abettors.
Citations
- SAFEMA Ruling (2026)
