Kerala High Court declares a wife the exclusive owner of a house bought in joint names with her father's money

1 October 2026

A Division Bench of Justice Sathish Ninan and Justice P Krishna Kumar declared a wife the exclusive owner of a residential property registered in the joint names of the spouses but paid for entirely with money given by her father.
The judgment was delivered in Raslin v. Kurudankandi Shameer and connected cases, Mat. Appeal 581/2022, reported as 2026 LiveLaw (Ker) 540.
The Court held that Section 14 of the Family Courts Act, 1984 lets a family court receive evidence that would otherwise be barred by Section 92 of the Indian Evidence Act, 1872, so the actual consideration paid can be looked into beyond what the sale deed records.
Where a third party provides the funds for the benefit of one spouse, ownership follows the actual financial contribution and not the names in the deed.
The Court added that the discretion under Section 14 must be exercised with care, testing the reliability of such evidence against the facts and circumstances.
The husband was directed to vacate the property within three months, and the family court's monetary award of Rs 15,00,000 was modified.