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Joint Family Property – Presumptions with Special reference to 'Doctrine of Blending'

By Y. Srinivasa Rao

Published In

Air 2018 (Online)

Introduction Whenever the Kartha of a joint family purchases an item of property by selling an item of joint family property, the one so purchased needs to be treated as owned by the joint family. If a member of joint family property acquired in his own name in the presence of ancestral nucleus, it shall be presumed to be joint family property. Law relating to blending of separate property with joint family property is well settled. Property separate or self- acquired of a member of a joint Hindu family may be impressed with the character of joint family property if it is voluntarily thrown by the owner into the common stock with the intention of abandoning his separate claim therein but to establish such abandonment a clear intention to waive separate rights must be established. There are judicial pronouncements that whatever may be the extent of the contribution of the acquiring member himself out of his self acquired fund, if he takes the aid of ....

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