VidhiSangh

Supreme Court of India · 05/09/2022

PUSHPALATA versus VIJAY KUMAR (DEAD) THR. LRS. & ORS.

[2022] 18 S.C.R. 85 · 2022 INSC 910

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Summary

A father, karta of an HUF, bought properties in the names of his minor sons. When one son sold part of the land, the father and daughters sued for a declaration of title. All three courts below held the suit barred by Section 4(1) of the Benami Transactions (Prohibition) Act, 1988. The Supreme Court allowed the appeal. The father proved that he paid for the properties, that the sons were minors without income and that he kept possession, with tenants paying rent to him. The second son admitted the claim, and the first son offered no evidence of his own funds. The Section 4(3)(a) exception therefore applied, and the suit was decreed.

Issues

  1. Whether a suit by the father claiming properties bought in his minor sons' names was barred by Section 4(1) of the Benami Transactions (Prohibition) Act, 1988, or saved by the coparcener exception in Section 4(3)(a)
  2. Whether the Supreme Court should interfere under Article 136 with concurrent findings that the properties were not bought for the benefit of the coparceners

Provisions considered

Held

Result

Appeal allowed; the judgments below were set aside and the suit was decreed in full; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 85.