If the property is bought in the name of the wife, then who will be the owner? High Court Says...
When a lot of people purchase real estate, they frequently get it registered in their wife's name. The fact that stamp duty exemptions are available for purchasing real estate in women's names, together with other perks, is one of the primary causes of this.
These folks, however, are unaware of who is legally entitled to possess that property. The property bought in the wife's name would be regarded as family property, following a recent landmark ruling in a case that is still ongoing in the allahabad High Court.
The wife lacks a separate source of income.
The allahabad high court has rendered a significant ruling in this property dispute case. According to the court, since the housewife has no separate source of income, any property bought in her name would be regarded as family property. In light of these facts, the court stated that husbands in hinduism frequently purchase real estate under their wives' names.
An important ruling by the allahabad high court
The allahabad high court considered a petition alleging co-ownership of the late father's property in a significant ruling. The court stated at this hearing that property bought by the husband in the wife's name may be regarded as family property under Section 114 of the indian Evidence Act. This is because the woman typically has no independent source of income and the husband typically purchases property in her name while considering the family's interests.
It is crucial to independently demonstrate the wife's income source.
In its ruling, the high court further explained that the property would be deemed to have been bought with the husband's salary until it could be demonstrated that the wife's income was used to pay for it. Saurabh Gupta, the appellant, brought the lawsuit and requested that he be granted co-ownership of a quarter of the land that his father had bought. He maintained that he and his mother are co-shareholders and that his late father bought this home.
In opposition to the lower court's ruling, Saurabh Gupta appealed to the High Court. In this matter, Saurabh's mother was taken into consideration as a respondent by the High Court.
To prevent the property from being transferred to a third party, Saurabh had filed a petition. In this instance, Saurabh's mother also provided a written declaration, claiming that because she was unemployed, her husband had given her the land as a present.
Saurabh filed an appeal in the high court after the lower court denied his demand for an interim stay in this matter. The high court stated during the hearing of Saurabh's appeal that as the woman typically has no source of income, the property that the husband buys in her name will be seen as having been paid for with his personal funds. Consequently, this kind of property will be seen as belonging to the joint Hindu family. In these situations, it is essential to keep the aforementioned property from being sold or given to a third party.
The wife has no right to property while the husband is alive
According to indian law, as long as the husband is alive, the wife has no right to 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 based on that. If the wife's name is not in the will, she will not get anything from the husband's self-acquired property.
These folks, however, are unaware of who is legally entitled to possess that property. The property bought in the wife's name would be regarded as family property, following a recent landmark ruling in a case that is still ongoing in the allahabad High Court.
The wife lacks a separate source of income.
The allahabad high court has rendered a significant ruling in this property dispute case. According to the court, since the housewife has no separate source of income, any property bought in her name would be regarded as family property. In light of these facts, the court stated that husbands in hinduism frequently purchase real estate under their wives' names.
An important ruling by the allahabad high court
The allahabad high court considered a petition alleging co-ownership of the late father's property in a significant ruling. The court stated at this hearing that property bought by the husband in the wife's name may be regarded as family property under Section 114 of the indian Evidence Act. This is because the woman typically has no independent source of income and the husband typically purchases property in her name while considering the family's interests.
It is crucial to independently demonstrate the wife's income source.
In its ruling, the high court further explained that the property would be deemed to have been bought with the husband's salary until it could be demonstrated that the wife's income was used to pay for it. Saurabh Gupta, the appellant, brought the lawsuit and requested that he be granted co-ownership of a quarter of the land that his father had bought. He maintained that he and his mother are co-shareholders and that his late father bought this home.
In opposition to the lower court's ruling, Saurabh Gupta appealed to the High Court. In this matter, Saurabh's mother was taken into consideration as a respondent by the High Court.
To prevent the property from being transferred to a third party, Saurabh had filed a petition. In this instance, Saurabh's mother also provided a written declaration, claiming that because she was unemployed, her husband had given her the land as a present.
Saurabh filed an appeal in the high court after the lower court denied his demand for an interim stay in this matter. The high court stated during the hearing of Saurabh's appeal that as the woman typically has no source of income, the property that the husband buys in her name will be seen as having been paid for with his personal funds. Consequently, this kind of property will be seen as belonging to the joint Hindu family. In these situations, it is essential to keep the aforementioned property from being sold or given to a third party.
The wife has no right to property while the husband is alive
According to indian law, as long as the husband is alive, the wife has no right to 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 based on that. If the wife's name is not in the will, she will not get anything from the husband's self-acquired property.