1970 (8) TMI 102

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....the name of the appellant under Ex. B-1 dated 18-8-1943. The plaintiff instituted the suit on the allegation that though the title deed stood in the name of the appellant, it was he who advanced the money for purchasing the property and it was he who was the beneficial owner of the property. Admittedly the husband and wife lived together till 1954, when the wife left the house of the husband and started living with her sister. The case of the appellant was that the consideration for the purchase of the property covered by Ex. B-1 was provided by her and in any event the husband did not intend to purchase the property benami for him and the property was intended to belong to the appellant herself. Both the courts below came to the conclusion....

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....roperty by the husband in the name of the wife. Such a motive is absolutely absent in this case except the self-serving statement of the husband that he agreed to the inclusion of the name of his wife in the sale deed just to compliment her. In all cases of such transactions, the crucial consideration is whether the husband intended, when he purchased the property in the name of the wife, that the wife should become the owner of the property or did he intend that notwithstanding the title deed standing in the name of the wife, he alone should be the owner of the property. Undoubtedly the intention has to be gathered from all the surrounding circumstances of the case and it is only because of these features, several tests have been propound....