Supreme Court of India
Bhagwat Sharan (dead Thr. Lrs. v. Purushottam & Ors.
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What the Court ordered
In view of the above discussion we find no merit in the appeals filed by the appellant(s) and the same are dismissed with no order as to costs.
Judgment, page 17
From the headnote
Hindu Law – Property of Hindu Undivided Family (HUF) – Burden to prove – Person had four sons – 2 sons severed and had no connection with property of the family – Two branches left in the family – Suit filed by descendant of one of the son for pa rtition of plaint properties claiming them to be of HUF – Decr eed by trial court – Set aside by High Court – On appeal, held: Not only jointness of the family has to be proved but also that the property belon gs to the joint Hindu family – Merely because the business is joint would not raise the presumption that there is a Joint Hindu Family –
Authorities it was built on
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- 2013 The Rajasthan State Industrial Development and Investment Corporation & Anr. v. Diamond and Gem Development Corporation Ltd. & Anr.
- 2010 Karam Kapahi & Others v. M/s. Lal Chand Public Charitable Trust & Another
- 1956 Nagubai Ammal & Others v. B. Shama Rao & Others.
- 2011 Himani Alloys Ltd. v. Tata Steel Ltd.
- 1954 The Shrinivas Krishnarao Kango v. Narayan Devji Kango and Others
- 2003 D.S. Lakshmaiah and Anr. v. L. Balasubramanyam and Anr.
- 1951 Bhagwati Prasad Sah and Others v. Dulhin Rameshwari Kuer and Another
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