It's family property if husband buys it in wife's name: Allahabad HC

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ALSO READ: Allahabad High Court on Gyanvapi Mosque: ASI survey report is 'worth considering' "This court, under Section 114 of Indian Evidence Act, may presume the existence of fact that the property purchased by Hindu husband in the name of his spouse, who is homemaker and does not have independent source of income, will be the property of family because in common course of natural event, Hindu husband purchases a property in the name of his wife, who is homemaker and does not have any source of income for the benefit of family," news agency PTI reported while citing what the court observed during the ruling. ALSO READ: Marital rape: Man can't be charged if wife Is 18 or above, says Allahabad high court The court added that that unless it is otherwise proved that the property was purchased with the income earned by the wife, the property is deemed to have been purchased by the husband using his own income.

Such property, prima facie, becomes the property of the joint Hindu family, the judge ruled. According to PTI, the court further held that in such circumstances, it is necessary to protect the property from creation of third-party rights.

"In such a case, the protection is necessary against further transferring the property or changing the nature of the same," it said. ALSO READ: Allahabad high court to go online from tomorrow amid Covid-19 surge Saurabh Gupta, the son, had filed a civil suit seeking the status of co-sharer of one-fourth of the property purchased by his father.

He reportedly contended that since the property was purchased by his deceased father, he was a co-sharer in it along with his mother. The mother is a defendant in the suit and respondent in the present appeal before the high court.