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Head Note

Civil Law  - Benami Transaction

Hindu Women's Right to Property Act, 1937 - Benami Transactions (Prohibition) Act, 1988 - Section 3 - Benami Transaction - Ownership of Property - Finding by the High Court that the property though purchased from the funds of 'J' was really for the benefit of his widow 'M' and therefore Moni Debi was the real owner of the property upheld -Entries of the name of 'M' in Municipal and Land Revenue records; the fact that the brothers of 'J' were no longer alive (according to the plaintiff the property was purchased by 'J' in the name of his wife to protect the same from his brothers) are relevant facts that have been rightly taken into account by the High Court - Fact that the property was managed by 'J' which fact accords with the practice prevailing in a Hindu family where the husband normally looks after and manages the property of the wife, is another relevant circumstance that was taken note of by the High Court to come to the conclusion that all the said established facts are wholly consistent with the ownership of the property by 'M' although consideration money for the same may have been made available by her husband, 'J'.

The Indian Evidence Act,1872  - Section 32 (5) ,  (6)

Adoption - Statement of Deceased Person - Admissibility in Evidence - In evidence of PW-2 'R' there has certain inherent inconsistencies the testimony of the said witness is not worthy of acceptance - PW-2 though had stated that the adoption of 'S' took place 40 years back she could not recollect her own age; she had no recollection of number of years prior to the adoption when she got married and was unable to recall when her sons got married and most surprisingly the age of her elder son at the time of his marriage; the present age of the elder son or even the present calendar year - Evidence of the three witnesses examined in another suit would be inadmissible under Section 32(5) & (6) of the Evidence Act inasmuch as on the date when the said evidence was recorded the controversy with regard to the adoption of 'S' had already occurred - Evidence of the plaintiff regarding the adoption of her husband stands isolated and cannot, on its own, sustain a positive conclusion that her husband 'S' was adopted by 'J'.

The Indian Evidence Act,1872  - Section 32 (5) ,  (6)

Statement of Deceased Person - Admissibility in Evidence - Held that in order to be admissible the statement relied on must be made ante litem motam by persons who are dead i.e. before the commencement of any controversy actual or legal upon the same point.

Topic(s)-Benami Transaction - Property by Husband for Wife - Wife is owner