Forfeiture of properties of relatives of convct under safem act
My article published by the TAXMANN in Oct 2016. SUMMARY The object of the SAFEM Act is to ensure that the properties purchased out of smuggling activities or by illegal means in violation of the provision of the SAFEM Act cannot be permitted to be enjoyed by the convict/detenu or a relative holding the property as benami. However, It is only when link or nexus of properties with convict/detenue or to income from such illegal activity is established, properties standing even in name of a relative can be forfeited. The article highlights a case recently decided by the High Court of Madras, in which Court has opined that where properties of respondent were his individual properties without any nexus to his wife, who was convict/detenue for violation of FERA, properties of respondent being spouse of convict could not be forfeited.
