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Business News/ News / It's family property if husband buys it in wife's name: Allahabad HC
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It's family property if husband buys it in wife's name: Allahabad HC

While delivering the verdict in the came on February 15, Justice ArunKumar Singh Deshwal said it is common and natural for Hindu husbands to purchase properties in the name of their wives

The Allahabad Court said this while hearing a case involving a son's claim for declaration of co-ownership of deceased father's property.Premium
The Allahabad Court said this while hearing a case involving a son's claim for declaration of co-ownership of deceased father's property.

The Allahabad High Court held that property purchased by husband in the name of wife, who is homemaker and has no independent source of income, is a family property, Live Law reported on Saturday. The court said this while hearing a case involving a son's claim for declaration of co-ownership of deceased father's property.

While delivering the verdict in the came on February 15, Justice Arun Kumar Singh Deshwal said it is common and natural for Hindu husbands to purchase properties in the name of their wives.

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"This court, under Section 114 of Indian Evidence Act, may presume the existence of fact that the property purchased by Hindu husband in the name of his spouse, who is homemaker and does not have independent source of income, will be the property of family because in common course of natural event, Hindu husband purchases a property in the name of his wife, who is homemaker and does not have any source of income for the benefit of family," news agency PTI reported while citing what the court observed during the ruling.

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The court added that that unless it is otherwise proved that the property was purchased with the income earned by the wife, the property is deemed to have been purchased by the husband using his own income.

Such property, prima facie, becomes the property of the joint Hindu family, the judge ruled. According to PTI, the court further held that in such circumstances, it is necessary to protect the property from creation of third-party rights.

"In such a case, the protection is necessary against further transferring the property or changing the nature of the same," it said.

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What was the case about?

Saurabh Gupta, the son, had filed a civil suit seeking the status of co-sharer of one-fourth of the property purchased by his father. He reportedly contended that since the property was purchased by his deceased father, he was a co-sharer in it along with his mother. The mother is a defendant in the suit and respondent in the present appeal before the high court.

Since the property was purchased in the name of the mother, i.e., wife of the deceased father, the appellant (son) filed an application seeking an injunction (stay) against the transfer of property to a third party.

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What the mother said?

The mother pleaded in a written statement that the property was gifted to her by her husband as she had no independent source of income. Accordingly, the application for interim injunction was rejected by the trial court.

(With inputs from PTI)

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Published: 24 Feb 2024, 08:08 PM IST
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