Confusion of Presumption, Burden of proof in respect of joint family property & separate/self-acquired property.......
-Self acquired property means property acquired in any following ways.
-property acquired by the coparcener without any detriment to ancestral property.
- property acquired by separate earning by coparcener.
-property inherited as obstructed heritage i.e. inherited from other than father, father's father, father's father's father.
-a gift of small portion of ancestral movable property made through affection by father to his male issue.
-government grant exclusively granted to member joint family & not for benefit of the family.
-ancestral property lost by family & same is recovered by a member without aid of joint family property.
-property purchased by separate income which come from separate property.
-property held by a sole surviving coparcener, when there is no widow in existence who has power to adopt.
-separate earning of member by his own exertions, without aid of joint family property.
-all acquisitions made by means of learning are declared by hindu gains of learning act 1930.
..........…................
- No-Presumotion that a joint family possess joint property.
-Burden of proving that any property is joint family property is in the first instance upon the person who claims it as coparcener property & he also prove possession of nucleus of joint family for acquisition of it.
...... Relevant Judgement................................
-D.S.Lakshmaiah & And v/s L.Balasubramanyam & Anrs 2003 Supreme Appeals Reporter 817
-Bindiya A. Chawla & Ors v/s Ajay Lajpatrai Chawla & Ors 2009 Supreme Appeals Reporter 688
-Harihar Diwakar Choube & others v/s Govind Diwakar Choube & Others 2010(4) Mh.L.J. 524
-Relevant provision-uncodified Hindu Law - in respect of separate/ self acquired & coparcenary property, joint hindu family
-S.101 of Indian Evidence Act 1872.
.......... Please Comment & give Suggestions...
-Self acquired property means property acquired in any following ways.
-property acquired by the coparcener without any detriment to ancestral property.
- property acquired by separate earning by coparcener.
-property inherited as obstructed heritage i.e. inherited from other than father, father's father, father's father's father.
-a gift of small portion of ancestral movable property made through affection by father to his male issue.
-government grant exclusively granted to member joint family & not for benefit of the family.
-ancestral property lost by family & same is recovered by a member without aid of joint family property.
-property purchased by separate income which come from separate property.
-property held by a sole surviving coparcener, when there is no widow in existence who has power to adopt.
-separate earning of member by his own exertions, without aid of joint family property.
-all acquisitions made by means of learning are declared by hindu gains of learning act 1930.
..........…................
- No-Presumotion that a joint family possess joint property.
-Burden of proving that any property is joint family property is in the first instance upon the person who claims it as coparcener property & he also prove possession of nucleus of joint family for acquisition of it.
...... Relevant Judgement................................
-D.S.Lakshmaiah & And v/s L.Balasubramanyam & Anrs 2003 Supreme Appeals Reporter 817
-Bindiya A. Chawla & Ors v/s Ajay Lajpatrai Chawla & Ors 2009 Supreme Appeals Reporter 688
-Harihar Diwakar Choube & others v/s Govind Diwakar Choube & Others 2010(4) Mh.L.J. 524
-Relevant provision-uncodified Hindu Law - in respect of separate/ self acquired & coparcenary property, joint hindu family
-S.101 of Indian Evidence Act 1872.
.......... Please Comment & give Suggestions...
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