Supreme Court of India
Kesharbai @ Pushpabai Eknathrao Nalawade (d) by Lrs. & Anr. v. Tarabai Prabhakarrao Nalawade & Ors.
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What the Court ordered
In view of the aforesaid, we allow the appeal and set aside the findings recorded by the trial court on Issue No.
Judgment, page 14
From the headnote
PARTITION: Hindu undivided family - Partition -- Effect of -- Held: Once a partition in the sense. of division of right, title or status c is proved or admitted, presumption is that all joint property· was partitioned or divided -- In the instant case, High Court has affirmed the findings of the trial court that in 1985, there 0 was a complete partition and the parties had acted on the same -- Therefore, the presumption would be that there was complete partition of all the properties -- Burden of proof that certain property was excluded from the partition would be on the party that alleges
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