Property in wifes name purchased out of the finances sent by the husband while working abroad - Both the plaintiff and the wife are entitled to equal shares - Gift given by husband is exclusive property of wife. (2023-2)210 PLRIJ 026

Property purchased in the wife’s name using the finances sent by the husband while working abroad entitles both the husband and the wife to equal shares.
The wife’s indirect contribution to the purchase of the property by looking after the home and taking care of the family for more than a decade and managing the household chores, thereby releasing the husband for gainful employment and made his stay comfortable in abroad and also to reduce the expenses and save the money for future benefit of the family including for purchasing of the assets, should also be considered.
The Benami Transaction Act, 1948 Section 3, 4 or 5 would not apply in respect of the properties purchased for the benefit of the husband which the wife is only holding the property in trust for the benefit of her husband.
If the property is purchased in the name of the wife by pledging her jewels which were gifted as stridhana by her father at the time of her marriage, the wife alone is the full owner of the property and not a limited owner.
If the husband presents gifts to the wife, he is not entitled to claim them back even though he purchased them out of his own earnings.
2023 PLRonline 0103 = (2023-2)210 PLRIJ 026
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Property in wifes name purchased out of the finances sent by the husband while working abroad – Both the plaintiff and the wife are entitled to equal shares – Gift given by husband is exclusive property of wife. (2023-2)210 PLRIJ 026