Supreme Court · 2020 INSC 327 · Decided 3 April 2020
Bhagwat Sharan (Dead THR. LRS. v. Purushottam & ORS.
- Court
- Supreme Court of India
- Citation
- 2020 INSC 327 · [2020] 10 S.C.R. 579
- Case number
- CIVIL APPEAL No. 6875/2008
- Decided
- 3 April 2020
- Bench
- L. NAGESWARA RAO, DEEPAK GUPTA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Hindu Law - Property of Hindu Undivided Family (HUF) - Burden to prove - Person had four sons - 2 sons severed and had no connection with property of the family - Two branches left in the family - Suit filed by descendant of one of the son for partition of be of HUF - Decreed by trial court - Set aside by High Court - On appeal, held: Not only jointness of the family has to be proved but also that the property belongs to the joint Hindu family - Merely because the business is joint would not raise the presumption that there
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