VASANTHAKUMARY Vs. OMANAKUTTAN NAIR

JUDGEMENT

(1.) In a transfer for consideration in the name of 2 persons where such consideration is paid exclusively from the separate fund of one of them, is Section 45 or the salutary rule of equity underlying Section 45 of the Transfer of Property Act applicable This is the short question that arises for consideration. To be more specific, the question is whether Section 45 or the principle therein can apply when the consideration is paid "out of exclusive funds of one of them" and not "out of separate funds belonging to them respectively"

(2.) This Appeal is filed by the wife whose petition for declaration that she is the absolute owner of the property purchased under Ext.A3 and for consequential relief was dismissed by the Family Court. She was found to be having only half rights in the property.

(3.) On fundamental facts, there is no serious dispute. The property in question was acquired under Ext.A3 sale deed for Mat.Appeal No.217/04 consideration. The marriage between the spouses took place on 25.01.1986. The sale deed Ext.A3 in their favour was obtained on 26.10.1988. In the document, in page 3, there is an unambiguous recital about consideration which on translation reads roughly as follows: