The Weekly Obiter

ALL ASSETS IN HINDU UNDIVIDED FAMILY PRESUMED TO BE JOINT PROPERTY UNLESS PROVEN OTHERWISE. HON’BLE SC: SEPTEMBER 06, 2017

September 22, 2017

The Hon’ble SC in the matter of Adiveppa & Ors. v. Bhimappa & Anr. in Civil Appeal No. 11220 of 2017 arising out of SLP (C) No. 5664 of 2012 was of the opinion that the appellants have failed to prove that the property was self-acquired by the appellants and observed that, “In order to prove that the suit properties described in Schedule ‘B’ and ‘C’ were their self-acquired properties, the plaintiffs could have adduced the best evidence in the form of a sale-deed showing their names as purchasers of the said properties and also could have adduced evidence of payment of sale consideration made by them to the vendee. It was, however, not done. Not only that, the plaintiffs also failed to adduce any other kind of documentary evidence to prove their self-acquisition of the Schedule ‘B’ and ‘C’ properties nor they were able to prove the source of its acquisition”. The Hon’ble Supreme Court while upholding the judgements passed by the lower courts also observed that, “In our considered opinion, it was, therefore, obligatory upon the plaintiffs to have proved that despite existence of jointness in the family, properties described in Schedule ‘B’ and ‘C’ was not part of ancestral properties but were their self-acquired properties. As held above, the plaintiffs failed to prove this material fact for want of any evidence. We have, therefore, no hesitation in upholding the concurrent findings of the two Courts, which in our opinion, are based on proper appreciation of oral evidence.”

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