However, such people do not know who can claim ownership of that property as per 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 Hindu religion husbands often buy property in the name of their wives.
Historic decision of Allahabad High Court:
In an important decision, Allahabad High Court heard the petition filed regarding the claim of co-ownership in 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 purchases property in his wife's name keeping family interests in mind, and the wife usually has no independent source of income.
It is very important to prove the wife's independent source of income.
The High Court also made it clear in its decision that unless it is proved that the property purchased has been purchased from the wife's income, it will be considered as purchased from the husband's income. This case was filed on behalf of the appellant Saurabh Gupta, in which he had demanded that he be given the status of co-owner of one-fourth share of the property purchased by his father. He argued that the property was purchased by his late father, and he is a co-sharer 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 defendant in this case. Saurabh had filed a petition demanding a ban on transfer of the property to any third person. In this case, Saurabh's mother also gave a written statement, in which it was said that this property was given to her by her husband as a gift, because 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 wife's name will be considered as purchased from the husband's personal income, because the wife generally has no means of earning. Therefore, this type of property will be considered as joint Hindu family property. 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. A wife gets rights only after the death of her husband. Under the Hindu Succession Act of 1956, the wife gets equal share in the ancestral property as the son. But this right applies only to ancestral properties and not to properties the husband has acquired himself. If the husband dies and the wife is the only heir and has no children, she will get one-fourth of his property; If there are children, he will receive one-eighth share. If the husband has made a will, then the property rights will be decided on the basis of the same. If the wife is not named 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 wife's name, then who will have what rights over it. In this regard, the High Court has given clear guidelines in its decision
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