Asha Kiran Sharma of KSK Comments on Kerala High Court Ruling on Property Ownership and Financial Contributions

Asha Kiran Sharma, Partner at King Stubb & Kasiva (KSK), Advocates & Attorneys, was quoted by ET Wealth Online in its report on a Kerala High Court ruling that directed a husband to vacate a house despite his name appearing on the title deed, after the Court examined the financial contributions towards the property’s purchase.

Commenting on the ruling, Asha highlighted that the Court considered the source of funds used to acquire the property rather than relying solely on the names appearing on the title deed. The wife’s father’s bank statements showed a credit of ₹25 lakh on November 2, 2015, followed by a corresponding debit on November 9, 2015, the date on which the sale deed was executed. These records supported the claim that the wife’s father had financed the purchase.

Asha also explained that, under Section 45 of the Transfer of Property Act, 1882, where two or more persons jointly purchase property and there is no contract to the contrary, their respective interests are generally determined in proportion to their contributions towards the purchase price. In this case, the husband had made no financial contribution towards the acquisition. The Court accordingly declared the wife the sole owner of the property and directed the husband to vacate it within three months.

Emphasising the importance of clearly documenting ownership interests, Asha noted that where contributions towards a property are unequal, the title deed or a separate written declaration should expressly specify each co-owner’s share. Relying on joint ownership entries without documenting the parties’ respective financial contributions or recording their understanding in writing can lead to disputes.

Read the full article here: https://economictimes.indiatimes.com/wealth/legal/will/husbands-name-was-also-on-the-title-deed-yet-he-was-ordered-to-vacate-the-house-why-kerala-high-court-ruled-in-wifes-favour/articleshow/134932664.cms 

Last Updated on 23 October, 2026