VidhiSangh

Supreme Court of India · 09/04/2019

SMT. P. LEELAVATHI (D) BY LRS versus V. SHANKARNARAYANA RAO (D) BY LRS

[2019] 6 S.C.R. 910 · 2019 INSC 495

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Summary

A father’s financial assistance toward properties purchased in his sons’ names did not by itself prove benami ownership or entitle the daughter to partition them as his estate. The claimant bore the burden of establishing the alleged beneficial intention through definite evidence and surrounding circumstances. The father had also assisted the daughter and her family, and the evidence supported welfare assistance to the sons rather than acquisition for himself or a joint family. The partition claim to those properties failed.

Issues

  1. Whether financial assistance alone established that the sons’ purchases were benami.
  2. What evidence and intention determined the character of the transactions.
  3. Whether the daughter proved a right to a quarter share in those properties.

Held

Result

Appeal dismissed without costs. Rejection of the daughter’s claimed quarter share in the three properties purchased in the sons’ names affirmed on the failure to prove benami ownership.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 910.