Section 81 and 82 of the Trusts Act, 1882:
It cannot be denied that the benami transaction was custom of the Country and it was recognized as customary law till Land Reforms Ordinance, 1984 was promulgated. In 1882, the practice of benami transaction received legislative recognition under section 81 and 82 of the Trusts Act, 1882. .....Mahmud N. A. Khan & ors Vs. Md. Kamrul Islam Khan & ors, (Civil), 19 SCOB [2024] HCD 165
In this case, the onus of establishing that the transaction is benami, is on the defendants, where it is not possible to obtain evidence which conclusively establishes or rebuts the allegation, the case must be dealt with on reasonable probabilities and legal inferences arising from proved or admitted facts. .....Mahmud N. A. Khan & ors Vs. Md. Kamrul Islam Khan & ors, (Civil), 19 SCOB [2024] HCD 165 ....View Full Judgment

If the property is not found abandoned under the law, the possession of the Government is that of a trustee and transfer by the Government will be in violation of section 94 of the Trust Act. The Chairman, Sena Petitioner Vs. Haji Sufi Fazal Ahmed, 17 BLD (HCD) 584.