Inheritance of property, Hindu

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Assets

Assets purchased in wife’s name are family property

Rajesh Kumar Pandey, February 24, 2024: The Times of India

Assets bought by man in wife’s name is family property: HC

Prayagraj : Allahabad HC has held that property purchased by a husband in the name of his wife who is a homemaker and has no independent source of income “will be the property of the family”, reports Rajesh Kumar Pandey.
While dealing with a son’s claim for declaration of coownership of his deceased father’s property, Justice Arun Kumar Singh Deshwal held it would be treated as family property “because in the common course of natural events, a Hindu husband purchases a property in the name of his wife… for the benefit of family”. Court observed that unless it was otherwise proved the property was purchased using income earned by the wife, it is deemed to have been purchased by the husband using his own income.


Appellant Saurabh Gupta had filed a civil suit seeking a declaration that he is the cosharer of a fourth of the property purchased by his father. He contended that since the property was purchased by his deceased father, he was a co-sharer in the same along with his mother, who is the defendant in the suit and respondent in the present appeal before HC. Since property was purchased in the name of his mother, i.e. wife of the deceased father, the appellant filed an application seeking an injunction against its transfer to a third party.


In a written statement, the mother pleaded the property was gifted to her by her husband as she had no independent source of income. Accordingly, the application for interim injunction was rejected by the trial court. HC, in its judgment dated Feb 15, held that such property prima facie becomes the property of the joint Hindu family.