While allowing a wife’s appeal challenging the Family Court’s order declaring her husband as the absolute owner of the property purchased in their joint names, the Kerala High Court, in A v. B. and Another [2026:KER:54162], has held that the property in joint names cannot be claimed by the husband alone on the ground of paying the entire amount, unless there is evidence to show that the property was held on trust or that the property was fraudulently purchased in the name of one spouse.
The Family Court Declared Husband as Absolute Owner
Both Wife and Husband claimed that they contributed to the purchase but the husband is found to have proved that he paid the entire price while the wife failed to prove that she also contributed substantially.
After the trial, the Family Court declared husband as absolute owner and was entitled to recover possession of the property from his wife.
Wife Contented She Contributed for the Purchase
The aggrieved wife approached the High Court and contended that she made financial contributions for the purchase of the property by way of cash and gold and argued that since the husband did not adduce evidence to show that she was merely a trustee, the presumption of title over half of the property is in her favour.
High Court Declared Wife as Joint Owner
The High Court, while observing that in the absence of any clause in the sale deed that suggests that the appellant/wife’s name was shown in the sale deed as a trustee for the husband, or any other evidence adduced to establish the existence of a trust relationship, declared the wife as the absolute owner of one half of the title of the property.
Although the money for purchase of the property came entirely from the Husband, that would not be sufficient to prove that the wife was holding her share of the property on trust for the husband.
In Conclusion
The High Court added that payment of the entire purchase price by the husband may be one of the relevant considerations, but cannot be seen as determinative of the benami character of the transaction between the spouses.
Therefore, the High Court set aside the Family Court order and declared the wife as absolute owner of half of the property.
