The Calcutta Law Journal Short Notes of Cases Articles and other Matters February 16 1911

It is merely a deduction from the well known principle of Equity that when there is a purchase by A in the name of B there is a resulting trust of the whole to A ; and where there is a volutatary conveance by A to IA and no trust is declared or only a trust as to part that there is a similar resulting trust in favour of the grantor as to the whole or as to the residue as the case may be unless [...] Nevertheless to speak of B as the owner of the legal estate and of A as the owner of the equitable estate—ohich are implied in the relationship of a trustee and cestue que trust—is manifestly wrong the distinction pointed out by English lawyers in the phrase. [...] In mostocases of the benami holding of property there is no actual transfer of the property from the real owner to the benamidar as in the case of a trust but only the execution of a deed as evidencing a transfer which however is not real. [...] Then again in most cases the benamidar himself is kept quite in the dark as to the creation of benanzi or the execution of the deed of transfer or conveyance in his name ; and in many cases it has been held that the assent of the benanzidar is not at all necesary for the creaticip of a valid benami. [...] The same principle has been applied to the Mahcreedans in the case of a purchase made by the father in the name of a son or in the name of a wife (2)..