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    <title>1957 (11) TMI 35 - Calcutta High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=293923</link>
    <description>In a benami dispute, the party asserting benami must prove the claim on the whole evidence, including source of consideration, possession, custody of title, conduct of the parties, and surrounding probabilities. On the facts discussed, the evidence of payment and management supported the husband&#039;s involvement, while the wife did not convincingly establish independent funds or the means to construct the house. The husband&#039;s apparent financial capacity and treatment of the property as his own, together with his failure to support the wife&#039;s title, strengthened the inference that the wife was only a benamdar and the attachment claim was upheld.</description>
    <language>en-us</language>
    <pubDate>Tue, 26 Nov 1957 00:00:00 +0530</pubDate>
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      <title>1957 (11) TMI 35 - Calcutta High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=293923</link>
      <description>In a benami dispute, the party asserting benami must prove the claim on the whole evidence, including source of consideration, possession, custody of title, conduct of the parties, and surrounding probabilities. On the facts discussed, the evidence of payment and management supported the husband&#039;s involvement, while the wife did not convincingly establish independent funds or the means to construct the house. The husband&#039;s apparent financial capacity and treatment of the property as his own, together with his failure to support the wife&#039;s title, strengthened the inference that the wife was only a benamdar and the attachment claim was upheld.</description>
      <category>Case-Laws</category>
      <law>Benami Property</law>
      <pubDate>Tue, 26 Nov 1957 00:00:00 +0530</pubDate>
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