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Benami - Property purchased with Husband money in wife's name

In Yogita Dasgupta Vs. Kaustav Dasgupta, the matter before the Delhi High Court was that Husband purchased the suit property in the name of the appellant wife “out of love and affection.  Marriage was dissolved by mutual consent. Husband filed suit claiming to be real and true owner of the suit property. Suit for declaration and permanent injunction in respect of flat. So the question before the court was  whether the husband proved that he was owner of the property.

Held: suit property was purchased with the husband’s money, in the wife’s name – husband secured a Bank loan for the purchase of the property – husband continues to be liable for the loan and is making repayment towards installments – wife left the property in 2010 and never returned – two children live with the husband, in the suit property – wife stated that she was repaying the loan, she was unable to prove that allegation – husband, in the cross examination stated that since stamp duty payable was at a lower rate if the vendees were women, he decided to purchase stamp paper in the wife’s name, and complete the transaction – on the basis of the above it can clearly be held that the plaintiff discharged the onus which lay upon him to prove that the property was purchased not for the wife’s benefit, but for that of the family as a whole – by reason of the foregoing analysis, it is held that the appeal is meritless.

Comments

  1. Anonymous1 October 2023 at 22:25

    Hello sir,

    I am Divyesh Hadvani from Surat. I had purchased a home and registered that property jointly with my wife. Entire payment is done by me and now we are going to separate but my wife is claiming rights on that property so please give me an appointment to discuss with you.

    ReplyDelete

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