Section 27:
Confiscation and vesting of benami property.
1[27. Confiscation and vesting of benami property.--(1) Where an order is passed in respect of any
property under sub-section (3) of section 26 holding such property to be a benami property, the
Adjudicating Authority shall, after giving an opportunity of being heard to the person concerned, make an
order confiscating the property held to be a benami property:
Provided that where an appeal has been filed against the order of the Adjudicating Authority, the
confiscation of property shall be made subject to the order passed by the Appellate Tribunal under
section 46:
Provided further that the confiscation of the property shall be made in accordance with such
procedure as may be prescribed.
(2) Nothing in sub-section (1) shall apply to a property held or acquired by a person from the
benamidar for adequate consideration, prior to the issue of notice under sub-section (1) of section 24
without his having knowledge of the benami transaction.
(3) Where an order of confiscation has been made under sub-section (1), all the rights and title in such
property shall vest absolutely in the Central Government free of all encumbrances and no compensation
shall be payable in respect of such confiscation.
(4) Any right of any third person created in such property with a view to defeat the purposes of this
Act shall be null and void.
(5) Where no order of confiscation is made upon the proceedings under this Act attaining finality, no
claim shall lie against the Government.]
Notes:
1. Ins. by s. 9, ibid. (w.e.f. 1-11-2016).