Skip to main content

On proving whether a property is a joint family property

 In BHAGWAT SHARAN vs PURUSHOTTAM & ORS., one of the issues before the Supreme Court was whether the disputed properties mentioned are the properties of the joint family both the sides or whether the same are the self acquired properties as per the averments made by the defendants?

The Supreme Court observed that the law is thus well settled that the burden lies upon the person who alleges the existence of the Hindu Undivided Family to prove the same. Reference in this behalf may be made to the judgments of this Court in Bhagwan Dayal vs. Reoti Devi. In this case this Court held that the general principle is that a Hindu family is presumed to be joint unless the contrary is proved. It was further held that where one of the coparceners separated himself from other members of the joint family there was no presumption that the rest of coparceners continued to constitute a joint family. However, it was also held that at the same time there is no presumption that because one member of the family has separated, the rest of the family is no longer a joint family.

As for any property being part of the joint family, the Privy Council in Appalaswami v. Suryanarayanamurti held that the Hindu law upon this aspect of the case is well settled. Proof of the existence of a joint family does not lead to the presumption that property held by any member of the family is joint, and the burden rests upon anyone asserting that any item of property was joint to establish the fact. But where it is established that the family possessed some joint property which from its nature and relative value may have formed the nucleus from which the property in question may have been acquired, the burden shifts to the party alleging self-acquisition to establish affirmatively that the property was acquired without the aid of the joint family property.

The aforesaid view was accepted by this Court in Shrinivas Krishnarao Kango v. Narayan Devji Kango and Ors. In D.S. Lakshmaiah and Ors. v. L. Balasubramanyam and Ors. this Court held as follows:

The legal principle, therefore, is that there is no presumption of a property being joint family property only on account of existence of a joint Hindu family. The one who asserts has to prove that the property is a joint family property. If, however, the person so asserting proves that there was nucleus with which the joint family property could be acquired, there would be presumption of the property being joint and the onus would shift on the person who claims it to be self-acquired property to prove that he purchased the property with his own funds and not out of joint family nucleus that was available.

Comments

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subs...

Attempt To Take Possession Of Unsecured Asset Can Be Called In Question In Civil Court

In Mrs.Elsamma vs THE KADUTHURUTHY URBAN CO OPERATIVE BANK LTD., an application for permanent injunction as originally filed by the appellants restraining the defendants from trespassing or otherwise taking possession of the unsecured Schedule A property which according to the appellants were adjacent to the secured property Schedule B. The defendants objected to maintainability of the suit on the ground that the suit is barred under Section 34 of the SARFAESI Act which was allowed by the trial court and  the lower appellate court. The appellants argued in favour of maintainability citing KHDFC Bank Ltd. and others v. Prestige Educational Trust while as per the respondents the afore- cited decision is no longer good law in view of Jagdish Singh v. Heeralal. The Kerala High Court while approving the judgment in the KHDFC Bank Ltd.case decided that the said judgment does not clash with the judgment in the Jagdish Singh and said in summing up:- (i) The ...