Supreme Court · 2014 INSC 195 · Decided 14 March 2014
Kesharbai @ Pushpabai Eknathrao Nalawade (D) BY LRS. & ANR. v. Tarabai Prabhakarrao Nalawade & ORS.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 195 · [2014] 3 S.C.R. 765
- Case number
- CIVIL APPEAL No. 3867/2014
- Decided
- 14 March 2014
- Bench
- S.S. NIJJAR, A.K. SIKRI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
PARTITION: Hindu undivided family - Partition -- Effect of -- Held: Once a partition in the sense. of division of right, title or status A B c is proved or admitted, presumption is that all joint property· was partitioned or divided -- In the instant affirmed the findings of the trial court that in 1985, there 0 was a complete partition and the parties had acted on the same -- Therefore, the presumption would be that there was complete partition of all the properties -- Burden of proof that certain property was excluded from the partition
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