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Jay (Advocate)     03 August 2012

Can husband claim property bought in wife's name

Dear Learned Members,

                 A husband buys an immovable property in his wife's name with entirely his income. Later owing to differences they separate. Now he stakes claim of the property. Can he do so legally?



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 6 Replies

suguna prasad kalvala (advocate)     03 August 2012

The question   is not with all details and it needs so many relavent details to answet all the best

Tajobsindia (Senior Partner )     04 August 2012

1. Yes, he can.

2. Since wife has no source of income and the house is constructed / bought in wife's name by the money of her husband (and loan being paid by her husband) the income from such property should be assessed in her husband's ame only as she is only Benamidar of the property.
3. Go to my profile / click forum messages you will get specific Judgment which I posted few dozen months back on same topic.

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Jay (Advocate)     06 August 2012

But now it appears that the Abolition of Benami Act is in force. Is it still possible to claim as a benamidar.

Adv. Chandrasekhar (Advocate)     07 August 2012

I agree with sugunal prasad kalvala.  The matter is not that easy.  If the property has been purchased by the entire amount of husband but he has gifted it to the wife by registering the property in her name, he cannot reclaim it as once gift is given, it is irrevocable.  Next, if the husband proves that every paisa gone into the property is his own, the wife can challenge such proposition in three ways - (1) she has brought dowry and some part of dowry has gone in purchasing property (2) she is a working woman and husband used to take her income and deposit it in his account and through his account the money has gone in purchase of property, so even though the money has gone from husband's account, it shall not be treated that the entire amount was earned by him.  (3)  If she is a housemaker, even though she is not earning in monetary terms, she can ask the court to value the domestic work she is rendering while ascertaining the origin of money in purchse of the property.  If the housemaking does not have any monetary value, the house wives who put all their hard work in homes become paupers without having ownership of any immovable property or survive at the mercy of their husbands' benevolency.  That is why, in this world, even though half of the population is women and they render 2/3rd of the total work, their ownership on the property is only 1/5th.

As she has got title on the property, prima facie the case is in her favour and the balance of convenience is also in her favour.  I am sorry if I disappointed the queriest, but I attempted to show the other side of the coin.   

suguna prasad kalvala (advocate)     07 August 2012

Dear chandu  

You correctly analyzed the matter,however it is not correct to be so narrative ,every case is a challange to the Advocate it however differ from one to another . I need not say Good Book Grows according to reader's mind with all  best wishes 


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