Wife contributed for purchase of property, registered in husband's name: husband can not interfere with possession or alienate

Kerala High Court Upholds Wife's Claim to Joint Ownership of Property. Court Grants Injunction Protecting Wife's Rights Over Land and Building Against Husband's Interference

In a significant ruling, the Kerala High Court has upheld the property rights of Rahila Beevi, acknowledging her substantial contributions towards the acquisition and development of land purchased in her husband A. Mohammed Basheer's name. The court granted Beevi a one-half share in the property, emphasizing the importance of recognizing financial contributions in marital property disputes.

The case revolved around an 8-cent land and a two-storied building in Kollam, initially registered in Basheer's name. Beevi claimed the purchase and construction were significantly funded by her family, including financial gifts and proceeds from her gold ornaments. Despite the property's registration in Basheer's name, the court found ample evidence supporting Beevi's financial contributions, including admissions made by Basheer during a vigilance enquiry.

Justice P. Krishna Kumar, presiding over the case with Justice Sathish Ninan, concluded that Beevi's contributions amounted to half of the property's value, entitling her to joint ownership. The court dismissed the applicability of Section 45 of the Transfer of Property Act, 1882, asserting that the matter fell under Section 35 of the Specific Relief Act, 1963, due to the trust-like nature of the transaction.

Moreover, the court granted an injunction to protect Beevi's possession, restraining Basheer from interfering with her rights or attempting to alienate the property. This decision underscores the judiciary's role in safeguarding equitable rights within marriage, recognizing spouses' contributions beyond formal registrations.

This ruling sets a precedent in property rights adjudication, especially in cases where one spouse contributes significantly towards assets registered in the other's name. It highlights the judicial system's commitment to ensuring fair and just outcomes in domestic disputes involving property rights.

Bottom Line:

Declaration of property rights in favor of wife based on contributions made for purchase and construction despite the property being registered in husband's name.

Statutory provision(s): Transfer of Property Act, 1882 Section 45, Specific Relief Act, 1963 Section 35, Evidence Act, 1872 Sections 21 and 92.

Rahila Beevi v. A.Mohammed Basheer, (Kerala)(DB) : Law Finder Doc Id # 2807961