The court said that unless it is proved that a particular property has been purchased from the wife’s income, that property is considered to have been purchased from the husband’s income.
Property Purchase Rules: Allahabad High Court has given its verdict on a property dispute. The issue was that if someone buys property in the name of the housewife or wife, then who will have the right over it. Only the woman will be the owner of the property or her family members will have rights over it. The High Court ruled that property purchased by a man in the name of his housewife wife is family property as she has no independent source of income.
Justice Arun Kumar Singh Deshwal, while giving the above ruling, said that it is common for Hindu husbands to buy property in the name of their wives. Hearing the petition filed by the son regarding the claim of co-ownership in the property of his late father, the court said, ‘The court can hold under section 114 of the Indian Evidence Act that the property purchased by the Hindu husband in the name of his housewife wife. , will be family property, because in normal circumstances the husband purchases property in the name of the wife who runs the household in the interest of the family and has no independent source of income.’
The court said that until it is proved that a particular property has been purchased from the wife’s income, the property is considered to have been purchased from the husband’s income. Appellant Saurabh Gupta had demanded that he be given the status of co-owner of one-fourth of the property purchased by his father. Her plea was that ‘since the property was purchased by her late father, she is a co-sharer in it along with her mother.’
Saurabh Gupta’s mother is the defendant in this suit. Saurabh Gupta had filed an application seeking a stay against transferring the property to any third party. Saurabh’s mother said in a written statement that the property was gifted to her by her husband as he had no source of income. The application seeking interim stay was rejected by the lower court, against which Saurabh Gupta filed an appeal in the High Court.
Accepting the appeal of the appellant, the court, in its judgment dated February 15, said that property purchased by a Hindu husband in the name of his housewife wife is considered to be purchased from the personal income of the husband, since the wife has no source of income. There is no independent source. The court said that such property prima facie becomes the property of a joint Hindu family. The court said that in such circumstances it becomes necessary to protect that property from the creation of a third party.
