Property purchased in the name of homemaker wife is family property: Allahabad HC
Prayagraj, Feb 23: The Allahabad High Court has held that a property purchased by husband in the name of wife, who is a homemaker and has no independent source of income, is a family property.
Justice ArunKumar Singh Deshwal said that it is common and natural for Hindu husbands to purchase properties in the name of their wives.
The Judge was hearing a case involving a son's claim for declaration of co-ownership of deceased father's property.
"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," the court observed.
It said 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.
The appellant, 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 contended that since the property was purchased by his deceased father, he was a co-sharer in it along with his mother, who is a defendant in the suit and respondent in the present appeal before the high court.
Since the property was purchased in the name of the mother, i.e., wife of the deceased father, the appellant (son) filed an application seeking an injunction (stay) against the transfer of property to a third party.
In a written statement, the mother pleaded that the property was gifted to her by her husband as she had no independent source of income.
Accordingly, the application for interim injunction was rejected by the trial court.
Allowing the appeal filed by the appellant, the high court in its February 15 judgement held that the property purchased by a Hindu husband in the name of homemaker wife, without any independent income, is deemed to have been purchased from his personal income.
Such property, prima facie, becomes the property of the joint Hindu family.
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."
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Centre must roll back LPG price hike, says Kerala CM
Thiruvananthapuram (PTI): Kerala Chief Minister Pinarayi Vijayan on Sunday demanded that the Centre immediately roll back the recent steep hike in LPG prices, alleging that it has severely impacted common people and small businesses.
In a statement, Vijayan described the increase as "one of the most cruel" in the history of cooking gas price revisions, saying it has pushed ordinary households and entrepreneurs into distress.
He said the price of commercial LPG cylinders had been raised by Rs 993 in one go, crossing Rs 3,000, which would adversely affect the hotel and restaurant sector.
The hike in the price of 5-kg LPG cylinders by Rs 251.50 would hit migrant workers and small families who depend on them, he added.
The chief minister alleged that the hike came immediately after the conclusion of Assembly elections in states, placing an additional burden on common people, small-scale entrepreneurs and migrant labourers.
Pointing to the ongoing crisis in West Asia, Vijayan said the hospitality sector has already been facing a shortage of cooking gas for months and the latest price increase would be difficult to absorb.
The burden would ultimately be passed on to consumers, he said, warning that several small establishments, including those in Kerala, could be forced to shut down.
Accusing oil companies of prioritising profits over public welfare, he said such a trend of imposing additional financial burden on people cannot be accepted.
Vijayan also alleged that the Centre's policies favour corporate interests and called for a correction in approach.
He urged the Union government to withdraw the excessive hike without delay.
The price of commercial LPG was hiked by the steepest ever Rs 993 per 19-kg cylinder on May 1, marking the third straight monthly increase due to rising global energy prices linked to the West Asia conflict.
