VidhiSangh

Supreme Court of India · 09/05/2019

MANGATHAI AMMAL (DIED) THROUGH LRS AND versus RAJESWARI & OTHERS

[2019] 7 S.C.R. 619 · 2019 INSC 664

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Summary

A partition decree was modified because the plaintiffs failed to prove that properties standing in the wife’s name were benami acquisitions from ancestral-property sale proceeds. The courts below wrongly shifted the burden to her. Part-payment or purchase of stamp papers by her husband was not conclusive; intention and surrounding circumstances mattered. The purchases preceded the ancestral sale relied on. Partition relief remained only for admitted ancestral items 1 and 3.

Issues

  1. Whether the plaintiffs proved that properties registered in the wife’s name were benami or joint-family acquisitions.
  2. Whether the release deed and the 2016 statutory amendment altered the conclusion.

Held

Result

Appeal partly allowed. Partition decree and findings granting plaintiffs three-fourths shares set aside for properties other than items 1 and 3; preliminary decree to be modified accordingly. Relief concerning admitted ancestral items 1 and 3 preserved. No costs.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 619.