Benami Property -- Joint Property of Husband & Wife -- Property Bought in Joint Names of Spouses with Money of Wife's Father -- Wife can be declared exclusive owner
(i) Transfer of Property Act, 1882, S.45 -- Matrimonial Property -- Property Bought in Joint Names of Spouses with Money of Wife's Father -- Joint names in the sale deed do not make spouses equal owners where the entire price was paid by father of wife for her benefit -- Property belongs exclusively to wife -- Bank records and failure of husband to show his own source of funds prove this. (ii) Family Courts Act, 1984, S.14 -- Evidence -- Proof of Actual Consideration Different from Sale Deed -- Family Court may rely on evidence otherwise barred by Section 92 of Indian Evidence Act, 1872 -- Power is discretionary and must be used with care -- Basic rules of evidence and natural justice still apply. (iii) Code of Civil Procedure, 1908, O.7 R.7 -- Relief -- Declaration of Exclusive Ownership Without Formal Amendment -- Court may mould relief in interest of justice where pleadings substantially raise the claim -- Family Court may lay down its own procedure under Section 10(3) of Family Courts Act, 1984.
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