PROPERTY PURCHASED IN THE NAME OF WIFE-- A LEGAL DISCUSSION.

 

PROPERTY PURCHASED IN THE NAME OF WIFE.

A LEGAL DISCUSSION

Compiled, Composed And Opined BY:-- SARASIJ MAJUMDER

In my LIFE OF 75 YEARS,  I was an active party to many ‘Love Marriages’, in Marriage Register’s office, where the couple wanted to marry against the approval of their families. They were my friends, either the Bride, or the Bridegroom--, or both.

It started just after I became major.

One was my close Batchmate of B.E.College. He defaulted by an year, and subsequently we lost contacts, after some years.

And I have seen many marriages went sour—leading to DIVORCE, and I was contacted  many times, by either of them, or both of them—to help in Legal matters.

The complicated areas are—‘Joint Accounts’, Bank Lockers in ‘Joint Name’ —and properties under ‘Joint Name,’ during Divorce Settlement.

I am sharing some rulings by  JUDGES below—before discussing further.

A.    The Supreme Court of India has ruled on a number of cases regarding property purchased in a wife's name, including:

• Nand Kishore Mehra v. Sushila Mehra

B.     The Supreme Court ruled that property purchased in a wife's name is presumed to be for her benefit, and the husband cannot claim ownership.

• Bina Pani Paul v. Prathima Ghosh

C.    The Supreme Court ruled that when a husband purchases property for his wife's welfare, it is not considered a benami transaction.

D.     C.C. Joy v. C.D. Mini: The court reiterated that unless the contrary is proved, property purchased in the wife's name is treated as her own, emphasizing the importance of the parties' intentions and the source of funds. (???)

E.     “Sakinder Kaur VS State of Punjab” - Punjab and Haryana may also be referred.

What Emerges:-

• Exclusive Ownership: If the husband purchases property in the wife's name, it is generally considered her exclusive property unless the husband can provide clear evidence to rebut the presumption of benefit to the wife.
• Joint Contributions: In cases where both spouses contribute to the purchase, the courts may recognize joint ownership rather than exclusive ownership by the wife Kannaian Naidu (Died) VS Kamsala Ammal @ Banumathi - Madras.
• Evidence Required: To challenge the presumption, the husband must provide substantial evidence showing that the property was not intended for the wife's benefit, such as proof of the source of funds and the nature of the transaction. 

In other words, even if wife  has not contributed, ‘LAW of the Country’ generally accorded her legal rights, in case of ‘JOINT OWNERSHIP’ of REGISTERED PROPERTY.

I Purchased, and sold four  properties —but always under my ‘sole’ ownership, and 100% following Legal Procedures. I maintained the Money Trail.  And I know for sure that I survived!

I am aware of cases, where women married  persons with very good earning from business/ service, and wealth—only to get a divorce at an opportune time,  and going out of relationship with  a good share of property and money, and, later to lead an independent life. I don’t want to post  name of them for my own legal safety. I don’t want to fight Defamation Cases!

MY RECOMMENDATIONS:-

1.0 It’s better to be prepared for, if the ‘MARRIAGE’ goes sour,  after the initial ‘LOVEY-DOVEY’ period. Surely  Husband can do something, even if  the law favours the wife seeking Divorce. Today’s love, many times, becomes tomorrow’s  nightmare.  I have seen many men, overnight, suffer from hardship, after settlement of Divorce. Law is completely ‘PRO WOMEN’, who is seeking divorce. You can refer  Claims, and some recent Judgements, as well as  continuing proceedings, in the Court of Judge Madam Amrita Sinha—in KOLKATA High Court. Her judgements are very fair. But, she is also bound by ‘LAW’—which, in this regard, is ‘UNBALANCED’, in my opinion.

2.0 Reduce, even if you can’t eliminate ‘Joint Accounts’; ‘Joint Lockers’ are a BIG NO; and please avoid  registering property in ‘Joint Name’—if it is bought solely by your own money—with 100% contribution.

Recently I am fighting a property case, for  one person— and not hoping fair judgement. It is already over three years.

3.0 Make a list of all “STREEDHANS”- get it signed by both, in two originals, and notarised, and keep safely, one with each person.

4.0 Clause ‘2’  & ‘3’ above will not protect you completely—but your Lawyer will be able to form a good basis to fight on ‘Mutual Settlement’ , or ‘Alimony’ being claimed by Departing Wife.

4.0 Open a Joint account only for running, and maintaining the ‘Family’. Two Debit Cards, and two Credit cards, respectively, shall be got issued from this account, for each SPOUSE. Only family expenses shall be made from this account.

5.0 Better—if you can enter into an agreement—signed, and registered—on matters of running the Family, and Settlement Criteria, in case  both of you decide to get separated in future.

Now ‘Marriage’ is registered—then why the COUPLE shall not have a registered agreement on expenses, and other consequences? Marriages are ‘LEGAL ENTITY’ now! It is no more a ‘Religious BOND’! Presently—parents of married women interferes to a great deal on matters of their daughters’ family life, and personal life!! I have seen, and seeing this still happening. This is one of the ‘Causes’ for large number of Divorces, now a days. Mom-in law, and Dad-in Law, from the wife’s side are the cause now. Parents of the husband are Out-Laws!! Refer famous Bengali Cinema -- “Sat Pake Bandha”—made more than 50 years before on the same subject! Suchitra Sen was actress & heroine, and  won a Prize for her acting in this cinema!

6.0 Documentation: Ensure that all financial transactions related to the property are well-documented, including evidence of contributions from both parties.

7.0 Legal Advice: Consult with a legal expert to assess the specific circumstances of the property purchase and to address for any potential disputes regarding ownership, now, or later.

8.0 Consideration of Intent: Be mindful of the intentions expressed during the purchase and any subsequent actions taken regarding the property, as these can significantly impact ownership claims in future.

In conclusion, property purchased in the name of a wife by her husband is generally and legally considered to be her exclusive property unless the husband can successfully rebut this presumption with clear evidences. The intention behind the transaction and the contributions made by both parties are critical factors in determining ownership.

I may be excused, as I discussed on behalf of the party, who is on receiving end of    ‘LAW’ only.

DISCLAIMER:-- What ever the BLOGGER has written above, is based on his understanding of Law, and associated first hand experiences. No person is  target of the BLOGGER.

 

References:-

1.0  Court cases, as referred—you can download the Judgements.

2.0  Marriage Act, Special marriage Act, Divorce, and Property ownership related acts, including 1986 amendment.

3.0  Mutual divorce process in India 2024.

Image:- Google.