Dear Experts,
I need Your HELP in a case details of which are as follows:
as chronological order
Wife is having her own income from Job she is doing before marriage.
1. Husband made an written application (without any Registered sale deed) for new mutation entry of his self acquired Open Plot in favor of wife in 1992.
Application content in brief "As I am unable to maintain the property, I hereby allow this property to be named in favor of my wife"
2. Mutation Entry was recorded by giving reference of only with application.
3. Then Husband did a Registered Sale deed in favor of Wife "Written as Full Value consideration as per prevalent mkt rates received from wife" as normal sale deed no conditions no strings attached. ( Not a gift deed, may I remind here).
4. Wife takes LOAN for construction on that land in her SOLE name and till now only she is repaying the loan amount from her automatic salary deduction manner.
5. Husband after dispute, files a suit for injunction and declaration for co-ownership of the whole property in 2012. Trial court dismissed injunction so as high court. Declaration suit still pending.
6. Husband says he transferred the said property out of love and affection and for securing low interest Loan in the name of wife, hence he is the co-owner as there's no actual consideration involved and Earlier mutation entry shows that.
but New mutation entry was also recorded after sale deed.
Please give your VALUABLE comments with legal provisions and applicable case laws in this matter.
Thanks a lot in advance.
