Understanding the Role of the Appellate Tribunal in Benami Transactions Cases

[Advika]

I wanted to share some insights about the Appellate Tribunal established under the Prohibition of Benami Property Transactions Act, 1988 (as amended in 2016). This Tribunal plays a critical role in the adjudication process of benami property cases in India.

Once the Adjudicating Authority passes an order confirming the attachment or confiscation of a benami property, the aggrieved party has the right to appeal before the Appellate Tribunal within 45 days. The Tribunal examines the facts and legal validity of the decision and may confirm, modify, or reverse the ruling.

Key points:

• The Tribunal ensures fair and independent judicial review.
• It helps maintain transparency and due process under the anti-benami law.
• Further appeal from the Appellate Tribunal's order lies with the High Court.
• This mechanism strengthens the government’s crackdown on benami transactions and unaccounted assets, while also protecting the rights of genuine stakeholders.

Would love to hear your thoughts or any case studies on how this Tribunal has impacted property litigation.