AIR 2003 SUPREME COURT 3800 ::2003 AIR SCW 4347 ::2003 AIR - Kant. H. C. R. 2429 ::(2003) 95 RevDec 622 ::(2003) 2 WLC(SC)CVL 570 ::(2003) 10 IndLD 724 ::(2003) 2 HinduLR 497 ::(2004) 2 CivLJ 675 ::2003 (10) SCC 310 ::(2003) 4 RecCivR 547 ::2003 (7) Scale 1 ::2003 (7) ACE 746 ::(2003) 4 CurCC 34 ::2003 (2) CalLJ 604 ::(2003) 53 All LR 158 ::2003 (3) BLJ 598 ::2003 (3) BLJR 2405 ::2003 (4) ICC 586 ::(2004) 3 Mad LW 49 ::2003 (4) JLJR 208 ::(2004) 1 JCR 19 (SC) ::2004 (1) RajLW 31 ::2004 (1) Pun LR 658 ::(2003) 4 Pat LJR 188 ::2004 (1) LandLR 172 ::2004 (1) UC 82 ::2003 (5) SLT 116 ::2003 (6) Supreme 540 ::(2003) 10 AllIndCas 95 (SC) ::2003 (10) AllIndCas 95 ::(2003) 7 JT 493 (SC) ::2003 (9) SRJ 363

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): Y. K. Sabharwal, B. N. Agrawal , JJ

Hindu Law - Partition suit - Nature of property whether it is Joint Hindu Family property or self-acquired - Burden of proof - Evidence to show that land in question was Joint Hindu Family property - However, no evidence to show that said property was yielding any income or nucleus sufficient to make impugned acquisitions - Property acquired by appellant cannot be presumed to be Joint Family property - Fact that appellant has not led evidence to establish his separate income to purchase property - Inconsequential - Mere fact that other members of family were allowed to use self-acquired property jointly - No ground to hold that property acquired has been blended into joint family account.R.S.A. No. 213 of 1991, D/- 27-5-1998 (Karnataka), Reversed. Evidence Act (1 of 1872) , S.101, S.102, S.103, S.104— There is no presumption of a property being joint family property only on account of existence of a joint Hindu family. The one who asserts has to prove that the property is a joint family property. If, however, the person so asserting proves that there was nucleus with which the joint family property could be acquired, there would be presumption of the property being joint and the onus would shift on the person who claims it to be self-acquired property to prove that he purchased the property with his own funds and not out of joint family nucleus that was avai....