Wife gets house despite joint name on title deed
In a recent ruling by the Kerala High Court, a husband named Kurudankandi was ordered to vacate a house despite his name appearing on the title deed alongside his wife, Shereef. The case originated when Kurudankandi married Shereef in 2012. It was during their marriage that Smt Shereef’s father gifted Kurudankandi 5000 Saudi Rials and purchased a house in both their names. The house, measuring 7 cents, is located in Manjeri Municipality.
Following their marriage, Shereef moved abroad with her husband while Kurudankandi stayed in India. The couple spent some time abroad before returning to India, during which Kurudankandi received financial assistance from Shereef’s father. One notable instance involved a renovation of the house, for which Kurudankandi's father paid Rs 5.5 lakh. Additionally, he received 5,000 Saudi Rials from his father-in-law.
However, Shereef alleged that Kurudankandi's behavior deteriorated over time, leading to their divorce. After the breakup, Shereef demanded the return of her gold items and claimed that her father had fully funded the house purchase. Kurudankandi deposited Rs 3 lakh with her father but refused to vacate the property or contribute financially. Kurudankandi argued that his brother had funded the house, but the court did not accept this claim due to lack of evidence.
The house remains valued at 30 lakh, with the title deeds currently held by Shereef’s father. The Kerala High Court examined the financial contributions and ruled that Shereef’s father had indeed paid for the house through a home loan of Rs 25 lakh from Nilambur Co-operative Urban Bank. Kurudankandi's efforts to prove his brother's contribution failed as there was insufficient evidence.
Additionally, Kurudankandi admitted that the original title deed was in Shereef's possession and that she had collected the registration. Under Section 45 of the Transfer of Property Act, each co-owner is entitled to a share based on their financial contribution. As Kurudankandi did not contribute any funds, the court declared him to be the sole owner.
Consequently, the Kerala High Court ordered Kurudankandi to vacate the property within three months.
Written by urgent.news from The Economic Times's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
