Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Sanjay Kakkar, son of late Kamal Kumar Kakkar – Appellant
Versus
Vivek Kakkar, son of late Kamal Kumar Kakkar – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
This appeal has been filed against the judgement and decree dated 28.06.2024 (decree signed on 05.07.2024) in Original (Partition) Suit No.58/2022 by learned Civil Judge (Sr. Division) – I, Bokaro whereby the suit filed by the plaintiffs has been dismissed on contest.
2. The suit was filed by Sanjay Kakkar, son of late Kamal Kumar Kakkar, and his wife Sonia Kakkar and defendants are Vivek Kakkar, son of late Kamal Kumar Kakkar and his wife Binney Kakkar. The suit was filed seeking preliminary decree for partition of half share of the plaintiffs over the suit property mentioned in Schedule A of the plaint. The Schedule A of the plaint is quoted as under:
Schedule A
The lands and commercial building situated at Mouza – Chas, P.S. No – 30, P.S. Chas, District Bokaro, Jharkhand, Khata number, plot number, area and boundary are as under:
3. 2.50 decimal in plot no. 7217 is standing in the name of the plaintiff no.2 and the remaining 21.50 decimals aforesaid property is standing in the name of defendant no.2. The plaintiffs claimed that the entire suit property is joint family property and claimed ½ share and the defendant claimed that the property standin
No presumption of joint family property from family existence; claimant must prove acquisition from joint nucleus fund, especially for properties in daughters-in-law names via separate sale deeds wit....
The burden of proof to establish property as self-acquired rests on the party asserting so, once a joint family nucleus is established, underscoring the necessity of evidence to support claims.
![N. Dharmalingam vs N. Ayyavoo [Died] - 2023 Supreme(Mad) 3427](https://supremetoday-s3.b-cdn.net/Madras_3.png)
The court established that without evidence proving properties as joint family assets, claims to them by family members fail, reaffirming the burden of proof lies with those asserting joint status.
In a partition suit, properties individually acquired cannot be presumed as joint family properties unless evidence proves acquisition occurred through joint family funds, emphasizing the necessity o....
The burden of proof lies with the plaintiff to establish a property as benami, which was not satisfied in this case.
The court affirmed that partition of family properties had occurred prior to 1942, establishing individual ownership rights over properties acquired post-partition, thereby negating claims of joint f....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
