June 26, 2023: Homemaker wives have an equal share in a property purchased by their husbands since they contribute to the acquisition by taking care of the family, the Madras High Court (HC) has ruled. The observation by the high court was made while giving its verdict in the Kannaian Naidu and others versus Kamsala Ammal and others case.
The court was dealing with the question whether the contribution made by the wife towards acquisition of family assets by performing her domestic chores, looking after the home and the family/, taking care of the children, etc., would be a factor in determining the rights in acquiring a property.
“No law prevents the judges from recognising the contributions made by a wife facilitating her husband to purchase the property. In my view, if the acquisition of assets is made by joint contribution (directly or indirectly) of both the spouses for the welfare of the family, certainly, both are entitled to equal share,” the HC said in the order dated June 21, 2023.
The court observed that even though the properties were bought using the husband’s money in the present case, saving for the purchase would not have been possible without the wife’s contributions.
“The wife contributed equally, though not directly but indirectly, by way of looking after the home and taking care of the family for more than a decade and managing the household chores, thereby releasing the husband for gainful employment, and made his stay comfortable in abroad, and also to reduce the expenses and save the money for future benefit of the family, including for purchasing of the assets,” the HC said.
“In generality of marriages, the wife bears and rears children and minds the home. She thereby frees her husband for his economic activities. Since it is her performance of her function which enables the husband to perform his, she is in justice, entitled to share in its fruits,” it added.
An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
[email protected]
Related Posts
Sub-registrar can’t cancel duly registered sale deed unilaterally: Madras HC.
Madras HC pulls up authorities for not revising property tax.
Illegal constructions: Madras HC pulls up local administration authorities.
HC rejects TN government’s plea against NGT’s Rs 100-crore penalty, over pollution in water bodies.
Retirement homes: Madras HC directs government to ensure basic facilities.
Husband buying property in wife’s name not always benami: Calcutta HC.
