Benami Transaction -- Property Bought in Name of Wife -- Exception requires payment from known sources of income of husband
(i) Prohibition of Benami Property Transactions Act, 1988, S.2(9)(A)(iii) -- Benami Transaction -- Property Bought in Name of Wife -- Person claiming the exception must prove that the consideration came from his own known sources of income -- Payment from joint accounts with wife or from account of firm in her name does not prove it -- Source of money is relevant but not conclusive, and the intention of the parties and surrounding circumstances are also weighed. (ii) Prohibition of Benami Property Transactions Act, 1988, S.4(1) -- Benami Transaction -- Claim of Real Ownership Over Property in Name of Wife and Mother-in-Law -- Suit claiming that property standing in the names of others is held for benefit of the claimant is barred. (iii) Code of Civil Procedure, 1908, O.9 R.9 -- Suit -- Fresh Suit After Earlier Suit Dismissed for Non-Prosecution -- Bar applies where the later suit rests on the same cause of action -- Challenge to later sale deed that depends on the challenge to earlier sale deed is barred -- Later transfer does not revive the time-barred challenge to the original title.
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