The Delhi High Court has ruled that a husband can’t claim sole ownership of a jointly registered property, even if he paid the entire purchase consideration. This decision emphasizes that when a property is registered in both spouses’ names, the husband cannot assert exclusive ownership simply because he funded the purchase.
Highlighting Key Points-
Joint Registration Matters: The court stressed that joint registration implies shared ownership, regardless of who paid for the property.
Benami Act Applies: The Prohibition of Benami Property Transactions Act, 1988, bars a person from claiming ownership if the property is registered in another’s name, unless it falls under specific exceptions.
Exceptions Exist: If a husband buys property in his wife’s name using known sources of income, he might retain ownership, as seen in some Delhi High Court judgments.
Tax Implications: Tax benefits on jointly owned properties can depend on ownership proportions and who pays the EMI.
Context-
Case Involved Mumbai Property: A couple married in 1999 jointly bought a Mumbai house in 2005; disputes arose post-separation.
Stridhan Claim: The wife claimed her share, but the court clarified jointly acquired properties aren’t automatically stridhan.
In conclusion, The Delhi High Court has clarified that a husband can’t claim exclusive ownership of a jointly registered property, even if he paid the entire purchase consideration. This ruling emphasizes that joint registration implies shared ownership, regardless of financial contributions. When spouses jointly own a property, decisions often require mutual consent, and the right of survivorship applies in joint tenancy arrangements, meaning the surviving spouse inherits the deceased’s share. Property division post-divorce typically follows equitable distribution principles, considering factors like financial contributions and future needs. It’s essential for co-owners to understand their rights and liabilities under Indian laws like the Transfer of Property Act, 1882, and relevant tax implications.
