The Delhi High Court has ruled that a husband cannot claim sole ownership of a property acquired and registered jointly in both spouses’ names, even if he alone paid the equated monthly instalments (EMIs).

A High Court bench comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar delivered the ruling on September 22.

The court clarified that for the husband to claim complete ownership would directly contravene Section 4 of the Prohibition of Benami Property Transactions Act. This key section legally bars any individual who claims to be the true owner of a property from initiating a suit, claim, or action to enforce their rights against another person in whose name the property is officially held.

Background to the Case

The ruling stems from a petition filed by a wife, who c

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