Benami transaction - availability of joint family property or income - joint family acquisition -...

Benami transaction - availability of joint family property or income - joint family acquisition - Purchase of property in the name of wife (Mrs. A)  - Presumption of joint family income and joint family funds - The statute would presume that the purchase was for the benefit of Wife and it was not a benami purchase. Of-course, the presumption is rebuttable. To rebut the statutory presumption, there must be firm foundation in pleadings as well as evidence. In the pleadings, there is no averment that Umayal Ammal held the property for the benefit of the joint family members. - HC .....

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