High court decision: If the property is bought in the name of the wife, then who will be the owner? High Court gave the answer

Whenever many people buy property, they often get it registered in the name of their wife. One of the main reasons for this is that stamp duty exemption is available on buying property in the name of women, as well as other benefits are also received. However, such people do not know who can claim ownership of that property according to the law. Recently, a historic decision has come in a case pending in the Allahabad High Court, according to which the property purchased in the name of the wife will be considered as family property.

Wife does not have independent source of income

Allahabad High Court has given this important decision in this case related to property dispute. The court has said that the property purchased in the name of the housewife will be considered as family property, because the wife does not have any independent source of income. Keeping these circumstances in mind, the court said that in Hinduism, husbands often buy property in the name of their wife.

Historic decision of Allahabad High Court

In an important decision, the Allahabad High Court heard a petition filed claiming co-ownership in the late father's property. During this hearing, the court said that according to Section 114 of the Indian Evidence Act, property purchased by the husband in the name of the wife can be considered as family property. This is because the husband usually buys property in the name of his wife keeping in mind the family interests, and the wife usually does not have any independent source of income.

It is very important to prove the source of wife's income independently
The High Court also clarified in its decision that unless it is proved that the property purchased has been purchased from the wife's income, it will be considered to be purchased from the husband's income. The case was filed by the appellant Saurabh Gupta, in which he had demanded that he be given the status of co-owner of one-fourth of the property purchased by his father. He argued that this property was purchased by his late father, and he is a co-shareholder with his mother.

Saurabh Gupta filed an appeal in the High Court against the decision of the lower court. The High Court considered Saurabh's mother as a respondent in this case. Saurabh had filed a petition seeking a ban on the transfer of the property to a third person. In this case, Saurabh's mother also gave a written statement, stating that this property was given to her by her husband as a gift, as she had no source of income.

The lower court had rejected the petition seeking interim stay in this case, after which Saurabh filed an appeal in the High Court. While hearing Saurabh's appeal, the High Court said that the property purchased by the husband in the name of the wife will be considered to be purchased from the personal income of the husband, as the wife usually has no means of earning. Therefore, this type of property will be considered the property of the joint Hindu family. In these circumstances, it is necessary to prevent the said property from being handed over or sold to any third party.

Wife has no right on property while husband is alive
According to Indian law, as long as the husband is alive, the wife has no right on his self-acquired property. The wife gets rights only after the death of the husband. Under the Hindu Succession Act of 1956, the wife gets an equal share as the son in the ancestral property. But this right applies only to ancestral properties, not to those properties that the husband has acquired himself. If the husband dies and the wife is the sole heir and has no children, she will get one-fourth of his property; if there are children, she will get one-eighth. If the husband has made a will, the property rights will be decided on the basis of that. If the wife's name is not in the will, she will not get anything from the husband's self-acquired property. An important question is that if the property has been purchased in the name of the wife, then who will have how much right over it. In this regard, the High Court has given clear guidelines in its decision.