Section 65 of PBPT Act : Section 65: Transfer Of Pending Cases

Explanation using Example

Imagine that Mr. A has been accused of holding property as a benami holder (where the property is actually owned by Mr. B, but is held in the name of Mr. A without Mr. A's beneficial ownership). Mr. A was facing a lawsuit in a district court regarding the property when The Prohibition of Benami Property Transactions Act, 1988 came into effect. According to Section 65 of the Act, the lawsuit against Mr. A will now be transferred from the district court to the Adjudicating Authority designated for such cases.

The district court will send all the records and documents related to Mr. A's case to the Adjudicating Authority. The Adjudicating Authority will then take over the case and may choose to continue the proceedings from where the district court left off, start from an earlier point, or even begin anew (de novo) to ensure a fair decision is made in the context of the new Act.