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M. S. JAWALKAR
Raju – Appellant
Versus
Sanjay @ Nana – Respondent
JUDGMENT :
M.S.Jawalkar, J. - Heard.
2. The present second appeal is filed being aggrieved by the judgment and decree dated 29.07.2004 passed by learned 14th Adhoc Additional District Judge, Nagpur in Regular Civil Appeal No.103/2002 partly allowed the appeal and the judgment and decree dated 11.02.2002 passed by 3rd Joint Civil Judge, Junior Division, Nagpur in Regular Civil Suit No.1608/1996 is modified.
3. This Court admitted this appeal on 15.12.2004 on following substantial questions of law:
ii) Whether the decrees passed by both the courts below are vitiated on account of the fact that the material evidence which has not been challenged by the defendant, has been ignored?"
4. The facts of the case as per plaintiffs is as under:
The original ancestor Shri Balkrishna had left certain ancestral field and house property at Mouza Hingna. That Balkrishna died m
The burden of proof lies on the person claiming property as self-acquired to establish that it was acquired without the aid of joint family funds.
The burden of proof lies on asserting self-acquisition when joint family property is claimed, as evidenced in the judgment affirming the trial court's findings on property character.
The burden of proof in establishing joint family property and self-acquired property is on the party asserting the same. Once the existence of joint family nucleus is proven, the burden shifts to the....
The presumption of joint family property does not apply if the property is proven to be self-acquired; the burden of proof lies on the claimant of joint family property.
Daughters became coparceners under Hindu Succession (Tamil Nadu Amendment) Act, 1989, allowing them equal rights in joint family properties.
The main legal point established in the judgment is that properties acquired from individual earnings of family members cannot be treated as joint family properties unless deliberate abandonment and ....
The burden of proof lies on the party asserting that property is joint family property, and mere existence of a joint family does not presume property to be joint.
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