Case Law Details
C.C. Joy Vs C.D. Mini (Kerala High Court)
The intention of the parties is a key factor in determining the nature of the transaction. Hence, when the husband purchased the property in favour of his wife, unless the contrary is proved, it will be treated as the property of the wife purchased for her benefit.
Facts-
Being cheated, the wife filed the divorce case. Notably, the couple had lived together for more than 16 years doing various businesses and acquiring a lot of properties in their name jointly and severally. Both the parties filed for a declaration that they were the beneficial owner and the opposite party was only a name lender in the property transactions and claimed injunction against each other.
The Family Court dissolved their marriage, dismissed the husband’s plea for declaration as the beneficial owner and allowed in part the wife’s plea for the same. Challenging this order, the husband filed an appeal before the High Court.
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