COURT: | Supreme Court |
CORAM: | Abhay Manohar Sapre J, R. K. Agrawal J |
SECTION(S): | HUF Law |
GENRE: | Other Laws |
CATCH WORDS: | HUF |
COUNSEL: | Anand Sanjay M. Nuli, Kiran Suri |
DATE: | September 6, 2017 (Date of pronouncement) |
DATE: | September 9, 2017 (Date of publication) |
AY: | - |
FILE: | Click here to view full post with file download link |
CITATION: | |
HUF Law: It is a settled principle of Hindu law that there lies a legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family. The burden lies upon the member who after admitting the existence of jointness in the family properties asserts his claim that some properties out of entire lot of ancestral properties are his self-acquired property |
It is a settled principle of Hindu law that there lies a legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family. The burden, therefore, lies upon the member who after admitting the existence of jointness in the family properties asserts his claim that some properties out of entire lot of ancestral properties are his self-acquired property. (See-Mulla – Hindu Law, 22nd Edition Article 23 “Presumption as to co-parcenary and self acquired property”- pages 346 and 347)
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