AIR 1962 MADRAS 487 ::1975 MadLW 154

Madras High Court

Hon'ble Judge(s): M. Anantanarayanan , J

Benami - Presumption - Purchase of property by husband in wife's name - Evidence establishing that wife provided funds - Presumption rebutted. There never has been any provision in the law of property in India preventing a married woman from acquiring property for herself or raising any presumption against her title purely upon a disqualification attached to her sex. The presumption that a purchase by an Indian husband of property in India in the name of his wife unless otherwise explained is benami can be applied only when the property is purchased with funds provided by the husband for the purchase in the name of the wife and not when the wife herself provides the funds. Where the evidence clearly establishes that the wife has provided a sum for purchase of land and no other circumstances are shown to indicate that the husband had purchased the property in the wife's name benami, the facts that the husband and wife were living together, that the wife had possession and that the husband included the property along with other properties in his will, would not render it a benami transaction. Unless the party so alleging satisfies the court that the holder of the ostensible title was not the real owner the ostensible title in the wife should be upheld. .....