Property Purchased By Husband In Name Of Wife

According to the ruling a man has ownership of the purchased property even if it is in the name of the wife. Husband put a court case.

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In the case of Raj Kumar Arora vs.

Property purchased by husband in name of wife. Moreover this is attracting women buyers to take the plunge in the property market. Ravinder Kumar Arora 342 ITR 38 wherein in the context of section 54F of the Act it was held that where the assessee has included the name of his wife and the property has been purchased jointly in the names it would not make any difference and the conditions stipulated in section 54F stand fulfilled. As the house is purchased out of your funds which in itself is a complicated issue.

Experts maintain that it is a good idea to buy a home in the name of ones wife or in co-ownership. When such property is sold there can be a confusion on who is. In a court case Aderounmu v Aderounmu 2 NWLR pt 803 1.

Further reliance was placed on the decision of Honorable Delhi High Court in case of CIT vs. 09 December 2010 Husband sole bread winner bought property in the name of his non working wifewife seeing the absence of her husband who was on a lengthy posting outside india took advantage and sold off made an agreement of saleirrevocable gpa the property for a song. Trial court gave judgement in favor of wife beyond pleadings.

Property purchased by husband in the name of wife Sita purchased an agriculture land from Gopal in 1965 and paid the entire sale consideration 3000- and seller acknowledged the same. Earlier a trial court had ruled that a husband cannot claim ownership of property that is in the name of his wife because it would be looked upon as a benami property. There are times when the husband pays for the property entirely but registers it in the name of the wife or makes her a joint owner.

A wife has the right to own or acquire property and sell it at any time she wishes without restrictions from her husband. A husband and wife have the authority and right to own property separately in their own name without restrictions. The decision was taken keeping into account the fact that it was the husband who had put in his money and the source of these funds were known and legal.

The non-owner spouse does not have any possessory right in the property until the owner spouse dies and the surviving non-owner spouse makes the election under the statute. The husband had purchased the property in the name of his wife with his own money and therefore she was only the benamidar or the ostensible owner while the husband is the real owner justice JH Bhatia observed in his order last week. Of course if the title or deed to a piece of property is put in the names of both spouses however then that property would belong to both spouses.

The only way you can make this transaction legal is by gifting the money to the wife to enable her to purchase the property in her name. However due to mighty tax benefits and rebates the male home buyers are not shying away from registering the property in a females name be it their wife or mother. Both parties made the agreement of sale and kept Sita in the Posession thereon.

I am widow about 60 yrs old. My husband purchased a land and build a house in Gorakhpur from the earning of business in which I was also partner. If the property is registered as the joint property of a soon-to-be-former married couple the wife would be able to stake a claim at the time of divorce.

Moreover if there is any legal dispute on the property then both the husband and wife will be involved in the case. In such a case the income from the property will be clubbed in your name. Rented accommodation in Dwarka in 2006 the husband purchased the suit property in the name of the appellant wife out of love and affection.

Ajay Kumar CSOS 7882010 dated 18122014 the Honble Delhi High Court was dealing with the case of a suit for partition between the brothers and the plaintiff therein who was physically handicapped had purchased a residential house in the joint names with his wife for shagun purposes and the Honble High Court held that the plaintiff therein was the real owner of the residential house in question. It is very rare that the right would ever be exercised. The property is purchased by the wife with her earnings alone and held in joint names -the entire property belongs to wife.

However the wife can enjoy the tax benefit only if she has a separate and genuine source of income. The common law system provides that property acquired by one member of a married couple is owned completely and solely by that person. Property buying has mostly been dominated by the males in the society.

Based on her contribution to the property the court will grant her her share. Property purchased by husband in wifes name is stridhan. The property is acquired by the husband but held in joint names- the entire property devolves among legal heirs including wife as per the applicable law.

The land was purchased in my name and house has been built there. The suit also leveled certain allegations of matrimonial misbehavior against the wife ie intimacy with one Rajnish Thakur owner of the chartered bus which the wife used for travelling to her office. In your case it appears that the Property is in your wifes name which is purchased out of your funds or is being purchased out of your funds.

Moreover purchasing a house in the name of the wife by applying your own funds means that you are using her as a name-lender and this is a benami transaction and hence illegal. This same principle goes for the husband.

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