Allahabad High Court News: The High Court has made it clear in its decision that the family members will not be considered to have rights over the property only when it is proved that the woman has purchased the property with her own earnings.
Allahabad High Court has given an important decision in the family property dispute and said that if a person has purchased any property in the name of his wife and got it registered, then her family members will also have a share in it.
The High Court has made it clear in its decision that the family members will not be considered to have rights over the property only when it is proved that the woman has purchased the property with her own earnings, but if the woman is a housewife and any property has been purchased in her name. The rest of the family members will also have rights over it.
Hearing a petition by a son seeking rights in the property of a deceased father, Justice Arun Kumar Singh Deshwal said that the property purchased by the petitioner’s father would be considered family property because ordinarily a Hindu husband would inherit the property for the benefit of the family. Buys property in his wife’s name.
The court said, “Unless it is proved that the property was purchased from the amount of income earned by the wife, it will be considered to be the property purchased by the husband from his own income and the family will also have rights over it.”
According to TOI report, the petitioner, Saurabh Gupta, had filed a civil suit seeking one-fourth share in the property purchased by his father and had asked the court to declare him a co-sharer in the property. He argued that since the property was purchased by his deceased father, he along with his mother is a co-sharer in the property. Saurabh Gupta’s mother was the defendant in this case.
The petitioner also claimed that since the property was purchased in the name of his mother i.e. the wife of the deceased father, the property could be transferred to a third party, hence an injunction was sought from the court against transferring the property to a third party. Also demanded.
The mother of the respondent and petitioner in the case told the court in a written statement that the property was gifted to her by her husband as she had no separate source of income.
Let us tell you that in this case, the trial court had rejected the application for interim injunction, against which the son had approached the High Court. In its judgment of February 15, the Allahabad High Court said that such property prima facie becomes the property of a joint Hindu family, over which every member of the family has a right.
