Husband can't assert exclusive ownership over joint property because he paid EMIs: Delhi HC
New Delhi(PTI): A husband cannot assert exclusive ownership over a property jointly acquired and registered in the name of both spouses, solely on the basis that he paid the EMIs, the Delhi High Court has held.
A bench of justices Anil Kshetarpal and Harish Vaidyanathan Shankar made the observation on September 22.
"Once the property stands in the joint names of the spouses, the husband cannot be permitted to claim exclusive ownership merely on the ground that he alone provided the purchase consideration," the court said.
It said the husband's claim would contravene Section 4 of the Prohibition of Benami Property Transactions Act, which bars a person, claiming to be the real owner of the property, from instituting any suit, claim or action to enforce rights against any other person in whose name the property stands.
In her petition before the high court, the wife also claimed that 50 per cent of the surplus amount belonged to her, asserting that it formed part of her stridhan (a woman's absolute and exclusive property as per Hindu Law) and, therefore, she had exclusive ownership over it.
According to the petition, the couple got married in 1999 and jointly purchased a house in 2005 in Mumbai. However, they began living separately in 2006, and the husband filed for divorce the same year, which is currently pending.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Allen, Raghuvanshi, Green power KKR to 29-run win over GT
Kolkata (PTI): Finn Allen blasted a 35-ball 93, while Angkrish Raghuvanshi hit an unbeaten 44-ball 82 as Kolkata Knight Riders kept their playoff hopes alive with a 29-run win over Gujarat Titans in the IPL match here on Saturday.
Sent in to bat, Allen went on a six-hitting spree, smashing 10 maximums and four boundaries to add 95 off 41 balls with Raghuvanshi (82).
Raghuvanshi then shared another 108 off 53 balls with Cameron Green (52 not out) to power KKR to a challenging 247 for 2.
In reply, GT could manage 218-4, riding on skipper Shubman Gill's 49-ball 85 and a 35-ball 57 from Jos Buttler. Opener Sai Sudarsan was retired hurt but returned to make a 28-ball 53 not out.
Sunil Narine (2/29) claimed two wickets and Saurabh Dubey snapped one for KKR.
For GT, Mohammed Siraj (1/50), Sai Kishore (1/38) were the wicket-takers.
Brief Score:
KKR: 247 for 2 in 20 overs (Finn Allen 93, Angkrish Raghuvanshi 82 not out, Camero Green 52 not out; Mohammed Siraj 1/50).
GT: 218 for 4 in 20 overs (Shubman Gill 85, Sunil Narine 2/29).
