https://www.taxtmi.com/caselaws?id=405039 Where a property is purchased in the joint names of husband and wife, but the husband pays the entire consideration, the wife acquires no substantive ownership merely from inclusion of her name in the sale deed unless she proves that the purchase was made for her benefit. The Court treated the statutory presumption under the benami framework as rebuttable and found it displaced by the evidence, including the wife's lack of independent income and absence of proof of beneficial ownership. It further stated that the spouse and fiduciary exceptions did not create co-ownership on these facts. The concurrent decree in the wife's favour was therefore not sustainable, and the partition claim failed. en-us Tue, 02 Mar 2021 00:00:00 +0530 Wed, 10 Mar 2021 08:29:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=405039 Where a property is purchased in the joint names of husband and wife, but the husband pays the entire consideration, the wife acquires no substantive ownership merely from inclusion of her name in the sale deed unless she proves that the purchase was made for her benefit. The Court treated the statutory presumption under the benami framework as rebuttable and found it displaced by the evidence, including the wife's lack of independent income and absence of proof of beneficial ownership. It further stated that the spouse and fiduciary exceptions did not create co-ownership on these facts. The concurrent decree in the wife's favour was therefore not sustainable, and the partition claim failed. Case-Laws Benami Property Tue, 02 Mar 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=405039