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Supreme Court Of India

Hon'ble Judge(s): L. Nageswara Rao, M. R. Shah , JJ

Benami Transactions (Prohibition) Act (45 of 1988) , S.3(2)— Specific Relief Act (47 of 1963) , S.34— Claim for partition-On ground of Benami transaction by husband in favour of wife from ancestral property-Payment of part sale consideration or purchase of stamp duty by husband at time of execution of sale deed cannot amounts to benami transaction in favour of wife-As well as suit properties not proved to be purchased by husband from funds received from or by selling of ancestral properties-Plaintiff not entitled to partition in suit property. (Para 10 11 12 12.1 13) In the present case husband who contributed part sale consideration by purchasing property might have contributed being the husband and therefore by mere contributing the part sale consideration, it cannot be inferred that Sale Deed in favour of the wife was benami transaction and for and at behalf of the joint family. Similarly, merely because of the stamp duty at the time of the execution of the Sale Deed was purchased by husband, by that itself it cannot be said that the Sale Deed in favour of wife was benami transaction. Regarding Release Deed executed by daughter in favour of wife on payment of Rs.10,000/-, wife has explained in her deposition that that daugh....