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ARVIND KUMAR VERMA
Manohar S/o Ramcharan – Appellant
Versus
Shiv Kumar S/o Nityanand – Respondent
JUDGMENT :
ARVIND KUMAR VERMA, J.
1. This second appeal under Section 100 of the CPC has been preferred by the sole plaintiff/appellant herein against the impugned judgment and decree passed by the learned First Appellate Court in Civil Appeal No. 21-A/2013 (Annexure A/1) whereby allowed the appeal filed by the respondent/defendant by setting aside the judgment and decree of the trial court dated 30.08.2010 passed by the Second Civil Judge Class-1 Janjgir, District Janjgir-Champa in Civil Suit No. 999-A/2005.
2. The appeal was admitted by formulating the following substantial questions of law:
[For the sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the trial Court]
3. The facts necessary for disposal of the present appeal in brief are that the appellant/plaintiff had instituted a suit before the trial Court which was registered as Civil Suit No. 999-A/2005 for possession of the suit land as per Schedule ‘B’ of the plaint or partition of the joint family property as mentioned in Schedule ‘A’ of the plaint and separate possession of half s
A joint family is presumed to remain joint unless a clear severance of status is proven, even without a physical division of property.
There can be partial partition between coparceners of a Hindu joint family – It is always open to members of joint Hindu family to divide some properties of family and to keep remaining undivided.
Family arrangements promoting peace and preventing disputes are upheld; oral partitions must be substantiated by clear evidence to be enforceable.
In disputes regarding partition of joint Hindu family property, the burden of proof lies on the party asserting partition, and the presumption of jointness remains unless clear evidence to the contra....
The presumption of truth in the revenue record regarding joint ownership prevails, establishing that separate possession does not equate to partition without legal acknowledgment under relevant land ....
A joint Hindu family property remains joint unless proven otherwise; the burden of proof lies on the party claiming separate ownership, requiring credible evidence.
Daughters have equal rights to inherit family property under the Hindu Succession Act, regardless of their marital status or the timing of their birth relative to the Act's enactment.
The court affirmed the plaintiffs' right to partition of joint family property, ruling that the defendants failed to prove prior partition, and emphasized the necessity of registration for partition ....
A claim of partition in Hindu joint family property must be substantiated with credible evidence; conjecture does not suffice.
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