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SC rules: All HUF property to be treated as Joint Property

September 14,2017:

Apex Court added that,“It is a settled principle of the Hindu law that there lies a legal presumption that every Hindu family is joint in the food, worship and estate and in absence of any proof of division, such legal presumption continues to operate in family.

Supreme Court of India

Supreme Court has expounded that all the assets in a Hindu Undivided Family (HUF) would be presumed to be the joint property belonging to all its members and thus a family member has to produce evidence to stake claim over any part even if it is ‘self-acquired’.

Apex Court Bench comprising of Justice R K Agrawal and Justice AM Sapre further enunciated that burden is always on a family member, claiming the ownership over a part of the property of the joint family, to prove before Court that it is his Self-Acquired Property and not joint the property of the family by placing the oral or documentary evidence.

SC enunciated that,”Burden lies upon member who, after admitting existence of the jointness in family properties, asserts his claim that some of the properties out of entire lot of the ancestral properties are self-acquired”.

Apex Court has passed the order while rejecting the plea of the members of the joint family claiming who were ownership over the agricultural land of family on the ground that they had acquired property and the other members of their family had no right over it.

Court added that Petitioners have failed to place before it any evidence to prove that they had acquired property for themselves and did not belong to entire joint family.

SC Bench upheld Karnataka HC order which had declared property as the Joint Property of family.

Source TOI

 

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