Wife’s father paid for joint house; Kerala HC orders husband to vacate

What happened: The Kerala High Court declared a house registered in a husband and wife's joint names to be the wife's exclusive property after finding her father funded the entire purchase, and directed the husband to vacate within three months. Key numbers: Property purchased in 2015 for Rs 30 lakh; seven-cent plot with a residential building in Why it matters: The court focused on who actually financed the purchase rather than the names on the title deed, citing Section 45 of the Transfer of Property Act. A lawyer quoted said such arrangements should be documented as a gift or loan.

The Kerala High Court declared a house registered in a husband and wife's joint names to be the wife's exclusive property after finding her father funded the entire purchase, and directed the husband to vacate within three months.

The court focused on who actually financed the purchase rather than the names on the title deed, citing Section 45 of the Transfer of Property Act. A lawyer quoted said such arrangements should be documented as a gift or loan.