In a decision that rippled through Malappuram’s housing market, the Kerala High Court ruled that a house registered in a husband and wife’s names was the wife’s exclusive property because her father financed the entire 30‑lakh purchase—
The couple, married in 2012, bought a seven‑centimeter plot with a residential building in 2015, listing both of their names on the title deed. When the marriage soured, the wife demanded her gold ornaments back and declared the house hers, citing her father’s loan‑backed contribution.
The husband contested, claiming he used his own money, but presented no documentation to prove it; he only mentioned a brother‑in‑law who supposedly supplied the funds. The court examined the father’s bank statement, which showed a 25‑lakh credit followed by a matching debit on the sale‑deed date, and held that the entire consideration was sourced from the father.
Under Section 45 of the Transfer of Property Act, which allocates shares based on contributions, the court found no evidence of the husband’s contribution, and therefore, his name on the deed did not confer any financial interest. New Par Asha Kiran Sharma, Partner at King Stubb and Kasiva, explained that the court’s focus was on actual financing rather than titular presence.
The High Court declared the wife sole owner and directed the husband to vacate the property within three months— a move that leaves the wife with full control but forces the husband to make a rapid relocation. The husband may file an appeal, but the court’s order stands for now, and the house will be handed over to the wife before the deadline.