NDLI: Smt. P. Leelavathi (d) By Lrs Vs. V. Shankarnarayana Rao (d) By Lrs

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	not the self-acquired properties of father suit for partition Benami transaction
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Benami Transactions (prohibition) Act, 1988 (45 of 1988)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Suit – Partition – Appellant-original plaintiff claimed 1/4th share in all the scheduled properties of her late father – Plaintiff alleged that defendants-her brothers refused to give her 1/4 th share – Plaintiff filed suit for partition – Trial court dismissed the suit by holding that the suit schedule properties were not the self-acquired properties of father of the parties and same were the properties of defendants Nos.1 to 3; the bank deposits mentioned in schedule II were also the personal properties of defendant Nos.1 to 3 – High Court vide judgment & order dated 26.02.1999 set aside the judgment of the trial court and held that though the properties were in the names of the original defendants, the transactions between father and defendants were benami in nature – Supreme Court remitted the matter back to the High Court for reconsideration – Thereafter, on remand, the High Court confirmed the judgment of the trial court and held properties were not benami in nature – Appellant contended that the suit properties acquired in the names of defendant Nos.1 to 3 were benami in nature – On appeal, held: Supreme Court in catena of decisions has held that source of money can never be the sole consideration and it is merely one of the relevant considerations, but not determinative in character – In the instant case, the High Court rightly came to the conclusion that plaintiff failed to prove that the purchase of the suit properties in the names of defendant Nos.1 to 3 were benami in nature – Plaintiff had failed to establish and prove the intention of the father to purchase the suit properties for and on behalf of the family, which were purchased in the names of the defendant Nos.1 to 3 – Late father of plaintiff had also assisted her and her husband to purchase a residential house – Similarly, the intention of the late father was to give the financial assistance to defendant Nos.1 to 3-sons and helped them in purchase of the properties – The transaction of purchase of the suit properties cannot be said to be benami in nature – Therefore, the plaintiff has no right to claim 1/4thshare in the suit properties – Benami Transactions (Prohibition of Right to Recover Property) Ordinance, 1988 – Benami Transactions (Prohibition) Act, 1988.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 495
Petitioner	Smt. P. Leelavathi (d) By Lrs
Respondent	V. Shankarnarayana Rao (d) By Lrs
SCR	[2019] 6 S.C.R. 910
Judgement Date	2019-04-09
Case Number	1099

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