Binami

A sale or purchase made in the name of some one other than the actual vendor or purchaser.  Property purchased or held or vested in a fictitious owner, the ostensible title is in the name of one person, but the real ownership vests in another.  Such fictitious purchaser is called the benamidar.  in the case of a benami purchase, the burden of proof is upon him who alleges that the certified purchaser and registered owner is a benamidar.  But when a purchase is made by a HIndu or Mohamedan in the name of his son, the presumption is in favor of its being a benami purchase; and it lies on the party in whose name it was purchased to prove that he is solely entitled to the legal and beneficial interest in the estate.

In cases where the question is whether property bought and held in the name of another, then the party claiming as the real purchased is the property of that other, or merely bought and held in his name (benami) for the claimant, the criterion is to consider from what source the purchase money came; the presumption is that a purchase made with the money of A in the name of B is for the benefit of A, and where the purchase is by a father whether Mahomedan or Hindu, in the name of his son, there is no presumption or an advancement in favour of that son.  A suit does not lie for a declaration that a conveyance executed by the plaintiff is a benami and fictitious transaction, when the alleged transaction has been used to accomplish the fraudulent purpose for which it was intended.

Where a colourable transfer is made for the purpose of enabling the transferor to defraud his creditors, and where the intended fraud has been wholly or partially carried into effect, the court will not lend its aid to enable the transferor, who has thus defrauded his creditors, to get his property back from the transferee.