'Family has rights on property purchased in wife's name but…' Important decision of Allahabad High Court

Allahabad High Court: Allahabad High Court has given an important decision in an ongoing dispute over family property, in which it has been said that if any property is purchased by the husband in the name of his wife and is registered, then it will be considered as property. household wealth. The High Court has also made it clear in its decision that if a woman has purchased property with her own earnings, then the family members will not have rights over that property, but only if the woman is a housewife and the property has been purchased. His name.

The court said this while hearing the application

Justice Arun Kumar Singh Deshwal, hearing a petition filed by a son claiming co-ownership of his late father's property, said that a court cannot recognize property purchased by a Hindu husband in his name under Section 114 of the Indian Evidence Act. Can stop. Wife is family property. This will happen because under normal circumstances, the husband buys the property in the name of the homeowner wife, who has no independent source of income, in the interest of his family.

Saurabh Gupta filed a petition demanding a ban

Apart from this, the court further said that 'unless it is proved that a particular property has been purchased from the wife's income, the said property will be considered to have been purchased from the husband's income. Appellant Saurabh Gupta sought the status of co-owner of one-fourth share of the property purchased by his father. His petition argued that since the property was purchased by his late father, he is a co-sharer in it along with his mother. Saurabh Gupta's mother is the defendant in this case. Saurabh Gupta had filed a petition demanding a ban on transfer of the property to any third party.