AIR 1936 NAGPUR 185

Nagpur High Court

Hon'ble Judge(s): Pollock , J

(A) Benami - Hindu father purchasing property out of his own money in son's name - Presumption is that purchase is for his own benefit and not for benefit of his son. Where a Hindu father purchases property out of his own money in the name of his son, the presumption is that he intended to make the purchase for his own benefit and not for the benefit of his son. Hence the property so purchased is prima facie father's self-acquired separate property:(Para 185C2) (B) Hindu Law - Joint family - Separate property thrown into common stock - Only evidence being that income from father's separate property was used in support of his son - Evidence held not sufficient and the plea that property became joint must fail. Where facts showing that separate property of the father was thrown into common stock were not pleaded by the son and the only evidence to show that, was that the income from father's separate property was used in support of the son: Held: that the evidence was not sufficient to prove that father intended to waive his separate rights to his self-acquired property and the plea that the property became joint must fail.(Para 186C1) (C) Evidence Act (....