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Land purchased in wife's name will be considered family property: Allahabad High Court

Justice Arun Kumar Singh Deshwal: Allahabad High Court has given an important decision regarding family property. The court said that land purchased in the wife's name will be considered family property if she has no income of her own.

Land purchased in wife's name will be considered family property: Allahabad High Court

Prayagraj: An important decision concerning property was handed down by the Allahabad High Court in a single banch that was presided over by Justice Arun Kumar Singh Deshwal. The court has ruled that any land that is purchased in the name of the wife will be considered to be family property. The court stated that the norm in Hindu families is for husbands to purchase land in their wives' names, despite the fact that the wife frequently does not have any independent income of her own.


In point of fact, the single bench of Justice Arun Kumar Singh Deshwal stated that the property will be considered family property only unless it can be demonstrated that it was purchased from the wife's income. This was stated in response to the petition that the son submitted wherein he demanded a share in the family property that had been purchased by his father, who had passed away. The individual who submitted the petition stated that his father had purchased the property, and as a result, he is also a shareholder in it, along with his mother. The petitioner's mother, on the other hand, stated that her husband had given her this property as a gift over the years. On account of this, he is the sole owner of the property that was gifted to him.


According to the petition that was filed with the High Court, the trial court had denied the son's request to stop giving the property to a third party. This decision was challenged in the High Court. The court determined that the mother did not have any income during the course of the hearing. The property is therefore considered to be family property, and the son is entitled to a portion of it.
 


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