A transaction is not benami merely because husband paid the consideration to buy property in wife’s name: Calcutta HC

The Calcutta High Court (Calcutta HC), while hearing a partition suit wherein it has been contended that the property in question, brought by husband in his wife’s name, is out of a benami transaction, has held that the “source of money is, no doubt, an important factor but not a decisive one. The intention of the supplier of the consideration money is the vital fact to be proved by the party who asserts benami.”