1. The burden of proof regarding benami is upon the one who alleges benami,
2. To prove benami, the most important point is to examine the source of consideration and along with that there are certain other criteria which should be taken into account.
3. The mere allegation of an explanation would not entitle the department to claim that the consideration for the purchase of the property in the name of a non-assessee was provided by the assesse
   
   
   
4. 2) you can rely upon Audio recordings to prove it is benami transaction 

3) if land is agricultural builder needed to convert land into NA and obtain orders for sub division of plots 

- As per law , without converting an agriculture land into non agriculture , it cannot be used for the residential or other purpose legally , and if there is construction made then it can be demolish by the competent authority. 

1. Yes, under Section 24 of the Prohibition of Benami Property Transactions Act, 1988 , an Initiating Officer has power to attach the property for which he has reason to believe that the same is a Benami property

- Hence a compliant can be filed 

2. Yes, as per Section 65A of the Indian Evidence Act, 1872 , The contents of electronic records may be proved in accordance with the provisions of section 65B.

- Further, Audio recordings are admissible as evidence, if they appear to be trustworthy, genuine and have been corroborated by other evidence. 

3. Under the Prohibition of Benami Property Transactions Act, a show cause notice will be issued against the builder , and he has to prove the same. 

4. Assistant Commissioner or a Deputy Commissioner 

5. You can file a suit of Permanent Injunction against the builder to restrain him from interfering and disturbing your land 

1. yes

2. yes

3. that the adjudicating authority will inquire

4. there is an adjudicating authority appointed by the Govt. u/s 7 (chapter 3) of the benami act. you need to inquire this from the state government website

5. dont know about that act...but letting dirty water flow into your land is definitely a tort in law against which you can file both a civil suit for injunction as well as criminal complaint with the Police [go to the Magistrate court if the police does not entertain you]

dear sir,

1. yes, you can invoke Prevention of Benami Transactions, by filing a complaint to the initiating officer.

2.yes electronic records are admissible evidence

3. If you can prove that the source of consideration amount was in name of the non-assessee rather than the assessee. Also since it is agricultural land, the builder cannot use it for commercial /residential purposes without converting it. If construction is done without converting it, then such can be demolished by the Authority

4.Asst. or Deputy Commissioner

5. A suit can be file against the builder for injunction as it is a tortious act

Thank  you

1. & 2. There are two issues in the instant case. One is his creating nuisance with your property and the other is grabbing the land of the farmer and buying it in Benam. The original owner of the property can file a declaratory suit claiming that his land has been purchased by the developer in Benam but at that time the said middleman farmer will say that he has purchased the land after taking loan from the Developer and has executed POA in his favour. You can also file a declaratory suit alleging that the developer has illegally developed a complex on agricultural land flouting all rules sanction for which  should be cancelled.  The audio recording will be of no use at the appropriate time.  

3. & 4. The locus standi in challenging the Benami Transaction rests on any other claimant of the said property. It will be difficult for you to prove that the Benamdar will appear at appropriate time to claim that he has purchased it.

5. You shall have to lodge police complaint and also complaints to the local Panchayat under copy to the S.P. and also DM. All such complaints can be sent by speed/registered post and delivery report can be downloaded from the site of the postal department as evidence of their receiving the complaint. The complaint letter should be well drafted covering all your grievances. Thereafter you can file a Writ Petition before the local High Court against police/panchayat/DM's inaction making the Benamdar and also the Developer as private parties praying for cancellation of the sanction plan for construction of the complex on Bernami agricultural land destroying your land.

6. You shall have to engage an experienced lawyer having expertise in this field.

1. This property do not belong to you hence you may not be permitted or entertained  to file any suit invoking the provisions of the Prevention of Benami Transactions Act 1988.

2. The recordings are not admissible s primary evidence before court of law.

3. If you have any interest in the property you can file the proposed suit but since it is not at all your property neithe4r you have any interest or rights in this property you may not be allowed to file any such suit as desired by you.

4. If you are aggrieved over this benami transaction  then you may vent out your grievances to the revenue department within the jurisdiction by making a written complaint  to initiate suitable action on this illegal transaction.

5. It may not come under land grabbing offence, but it can be considered as an interference in your possession and enjoyment of your property hence you can file a mandatory suit agaisnt the builder restraining him fro indulging in such activities which are detrimental to your interests and possession and enjoyment of the property.