BINAPANI PAUL versus PRATIMA GHOSH AND ORS.

BINAPANI PAUL versus PRATIMA GHOSH AND ORS.

The burden to prove the property transaction was benami lay on the respondent brother; record shows father intended the property for the wife and daughters’ security, not benami; mutation and conduct support genuine purchase. Suit for partition decreed in favour of daughters.

Parties
Appellant: Binapani Paul; Respondent: Pratima Ghosh; Respondent: Respondent No. 2 (wife of Amal); Respondent: Respondents 4 to 7
Jurisdiction
India
Judgment Date
27 April 2007
Procedural Posture
Civil Appeal / Final Decision on Appeal From High Court
Outcome
Appeal allowed; impugned High Court judgment set aside; Trial Court judgment restored.
Legal Topics
Benami Transaction, Women's Property Rights, Partition Suit, Burden of Proof
Property Law Benami Transaction Women's Property Rights Partition Suit Burden of Proof

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Parties

Binapani Paul

Appellant

Pratima Ghosh

Respondent

Respondent No. 2 (wife of Amal)

Respondent

Respondents 4 to 7

Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal From High Court

Legal Issues

  1. 1 Whether purchase of suit property by father in name of wife was benami transaction
  2. 2 Whether daughters were entitled to partition/share in property
  3. 3 Who bears the burden of proof regarding benami nature

Ratio Decidendi

The burden to prove the property transaction was benami lay on the respondent brother; record shows father intended the property for the wife and daughters’ security, not benami; mutation and conduct support genuine purchase. Suit for partition decreed in favour of daughters.

Court Disposition

Appeal allowed; impugned High Court judgment set aside; Trial Court judgment restored.

Orders

  • Suit for partition decreed in favour of daughters
  • No order as to costs