AIR 1975 MADHYA PRADESH 136 ::1975 MPLJ 156 ::1975 JabLJ 333

Madhya Pradesh High Court

Hon'ble Judge(s): G. P. Singh, B. R. Dube , JJ

(A) Hindu Law - Joint family property - Acquisition by member - Presumption. There is no presumption that a Hindu family, merely because it is joint, possesses joint family property. The burden of proving that any particular property is joint family property, is, therefore, in the first instance upon the person who claims it as coparcenary property. But, if the possession of a nucleus of the joint family property is either admitted or proved, any acquisition made by a member of the joint family is presumed to be joint family property. This presumption is however subject to the limitation that the joint family property must be such as with its aid the property in question could have been acquired. AIR 1969 SC 1076 and AIR 1947 PC 189. Relied on.(Para 7) Held, in the circumstances of the case the disputed property was joint family property and the coparcener had no right to make the will in respect of that property or any part thereof. It passed by survivorship to the other coparcener.(Para 9) (B) Evidence Act (1 of 1872) , S.115— Inconsistent plea - Party which specifically avers that a document is a will cannot be allowed to say that it is not a will but a family arrangement. (Para 10) ....