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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.Hemalekha
P.C. Manjula W/O K. Narayan – Appellant
Versus
Jayamma, W/o Late Kallaiah – Respondent
JUDGMENT :
K.S. Hemalekha, J.
The present appeal is preferred by the plaintiffs assailing the judgment and decree dated 18.07.2023 in O.S.No.2161/2012 on the file of the VII Additional City Civil and Sessions Judge (CCH-19), Bengaluru (‘trial Court’ for short) in so far as rejecting their claim over suit item Nos. 2 to 5 of the suit schedule properties. By the judgment and decree, the trial Court decreed the suit of the plaintiff seeking relief of partition and separate possession in respect of item No.1 of the suit schedule properties.
Plaint averments
2. Plaintiff No.1 is the wife of Late K Narayan, plaintiffs 2 and 3 are their children. Narayan was the son of Late Kallaiah and Jayamma (defendant No.1). Defendants 2 to 4 (Radha, Geetha and Pankaja) are the daughters of Kallaiah and Jayamma. It is averred that Kallaiah had acquired several properties from joint family nucleus. Item No.1 was purchased in his name and is claimed to be the joint family property. Kallaiah died intestate, leaving behind his widow-defendant No.1 and four children (including Narayan) as his legal heirs. That item No.2 was sold by defendant No.1 under a registered sale deed dated 13.12.2006 in favour of defen
The establishment of a joint family nucleus shifts the burden of proof to defendants to demonstrate that properties were self-acquired and not purchased with joint family funds.
The burden of proof rests on the party claiming property as joint family property to establish its character, particularly where self-acquisition is asserted without evidence of blending with ancestr....
Properties registered in individual names may still be classified as joint family properties if purchased from joint family income, and the defendant bears the burden to prove otherwise.
In joint family property disputes, a claimant asserting self-acquisition must provide substantial proof, while joint ancestral claims are upheld unless clearly disproven.
The courts erred in determining property status, failing to recognize that once a joint family is established, the burden shifts to defendants to prove self-acquisition.
The presumption of joint family property applies unless proven otherwise, and the burden of proof lies on the party asserting separation.
(1) Hindu Law – Partition – After joint family property has been distributed in accordance with law, it ceases to be joint family properties and shares of respective parties become their self-acquire....
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