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S. M. MODAK
Namdeo Shivram Redij – Appellant
Versus
Vishwanath Shivram Redij – Respondent
JUDGMENT
S.M.MODAK, J. - Heard learned Senior Advocate Shri.Atul Damle instructed by learned Advocate Shri.S.S.Kanetkar for the Appellants and learned Advocate Shri.Sanjiv Sawant a/w learned Advocate Shri.Abhishek Matkar for Respondent Nos. 1(B) to 1(F).
2. The substantial questions of law raised in this Appeal are ;
Whether the Appellants have discharged the burden of proving the suit properties as joint family properties and ; whether for not giving evidence by these Appellants, debars them from challenging the case put up by the Plaintiffs.
3. There are concurrent findings that suit properties are joint family properties and shares have been declared by the Courts below. So additionally, this Court has to see ; whether those concurrent findings can be upset by this Court.
4. According to learned Senior Advocate Shri.Damale, even though the Appellants have not given evidence, it will not relieve the Plaintiffs from discharging their burden. Whereas, according to learned Advocate Shri.Sawant, the scope of Second Appeal is limited when there are concurrent findings. He relied upon
The main legal point established in the judgment is that the burden of proving joint family properties lies with the party making the claim, and failure to challenge the evidence or provide evidence ....
In a partition suit, the burden of proving that property standing in an individual's name is joint family property lies upon the party asserting it, requiring proof of a sufficient ancestral nucleus.....
The burden of proof in establishing joint family property and partition lies with the party alleging its existence. The court also emphasized the entitlement of daughters to share in joint Hindu fami....
The court established that the burden of proof for joint family property lies with the claimant, and the admission of evidence must follow due process, allowing parties the opportunity to address con....
![Babulal [D] Lrs Kamla Bai And Ors. vs Pramod Kumar And Ors. - 2026 Supreme(Online)(MP) 4003](https://supremetoday-s3.b-cdn.net/Madhya_Pradesh_1.png)
The burden of proof lies with the plaintiff to establish that the properties are ancestral, and evidence must be pleaded and proved through evidence.
The plaintiff must prove the existence of a joint family nucleus to establish claims over joint family properties; mere relation does not imply entitlement.
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