Topic

Benami Act

2 articlesLatest May 2026
Order VII Rule 11 CPC | Plaint Rejection Under Benami Act Requires Clear Pleading of Fiduciary Exception : SC
Case Law Analysis
|Supreme Court of India

Order VII Rule 11 CPC | Plaint Rejection Under Benami Act Requires Clear Pleading of Fiduciary Exception : SC

The Supreme Court ruled that a plaint seeking title under a Will cannot be rejected under Order VII Rule 11 CPC merely because the funds originated from the plaintiff. The court emphasized that a fiduciary relationship must be explicitly pleaded, not inferred, and testamentary succession does not automatically override the Benami Act's bar. This sets a precedent for stricter scrutiny in benami property disputes involving inheritance claims.