Delhi High Court
The Delhi High Court has said during a hearing that if a property is registered in the name of both the husband and wife and both have bought together, then the husband cannot ask for full ownership of it by saying that he had paid the EMI. A bench of Justice Anil Kshetrapal and Harish Vaidyanathan Shankar commented in the matter.
The court said that a property or property which has been taken in the name of both husband and wife, then it will have the right of both husband and wife. The husband cannot say here that he has given all the money to buy the property.
Property was taken in 2005
The court has made it clear that if a husband does this, then this claim will be against Section 4 of the benami property law. Under this, the property in the name of someone else can be prevented from sue by claiming to be a real owner. The wife said in the High Court that half of the surplus amount is her, because it is the personal property of the woman in the Hindu law. On this, the woman has full rights on that property.
According to the petition, both of them were married in 1999 in this case. In 2005, he bought a house in Mumbai. But, in 2006, he separated and the same year the husband applied for divorce, which is still going on in court.
However, the flat was sold by the bank as the loan amount was not paid. But after adding its remaining money, Rs 1.09 crore was given to HSBC Bank. At the same time, the husband filed an application to take an amount of Rs 1.09 crore from the bank in 2012.
Wife’s argument in Delhi High Court?
The wife challenged the order of the family court in the Delhi High Court. The wife had argued that the amount of sale should be distributed equally between the two sides. In December 2017, the Delhi High Court ordered that 50% of the amount should be issued in favor of the husband. Then in 2019, the Delhi High Court directed the Registrar General (RG) to keep the remaining 50% amount in a fixed deposit in UCO Bank.
