Kerala High Court Awards Exclusive Home Ownership to Wife After Husband Fails to Prove Financial Contribution

A property jointly owned by a husband and wife has been declared the exclusive property of the wife by the Kerala High Court. The court found that the entire purchase was funded by the woman’s father, directing the husband to vacate the property within three months. This ruling comes amid a marital dispute between the couple, who married in 2012.

Case Background

The property in question is a seven-cent plot with a residential building located in Manjeri, Malappuram district. Purchased in 2015, the house was registered in both the husband’s and wife’s names. The woman testified that her father had contributed Rs 30 lakh for the purchase to secure her future. She argued that since her husband did not contribute financially, he had no claim to half of the property.

Initially, the Malappuram Family Court acknowledged the father’s financial contribution but did not grant the wife exclusive ownership. Instead, it ordered the husband to pay her Rs 15 lakh, representing his half share. Both parties appealed the decision, with the woman seeking full ownership and an order for her husband to vacate.

Court’s Rationale

During the proceedings, the woman’s father provided evidence that he had raised funds through a bank loan, with bank statements showing a credit of Rs 25 lakh on the date of the sale deed. The husband claimed he had used his own money but failed to substantiate this with evidence. He could not explain the source of the funds used for the purchase during cross-examination.

The court concluded that the husband did not prove any financial contribution to the property. It emphasized that the entire sale consideration was paid by the woman’s father. Citing Section 45 of the Transfer of Property Act, the court noted that ownership shares are determined by actual financial contributions. Consequently, the court recognized the wife as the sole owner and ordered her husband to vacate the house within three months.

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