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PETITIONER: SHRINIVAS KRISHNARAO KANGO
Vs.
RESPONDENT: NARAYAN DEVJI KANGO AND OTHERS.
DATE OF JUDGMENT: 23/03/1954
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA MUKHERJEA, B.K. HASAN, GHULAM
CITATION: 1954 AIR 379 1955 SCR 1 CITATOR INFO : R 1955 SC 206 (13) F 1959 SC 906 (10) A 1962 SC 59 (5,10,11) RF 1970 SC1730 (3) RF 1972 SC1401 (9,11) R 1974 SC 878 (14,15) R 1991 SC2176 (32)
ACT: Hindu law-Joint family- Whether there is presumption that property held by any member thereof is joint--Existence of some nucleus-Burden of Proving self-acquisition-Property in possession of a family from time immemorial-Presumption whether it is ancestral-Adoption-Rights acquired by adoptive son relating back to date of death of adoptive father- Doctrine of relation back Whether applicable to estate of a collateral.
HEADNOTE: It is well-settled that proof of the existence of a Hindu joint family does not lead to the presumption that property held by any member of the family is joint and the burden rests upon any one asserting that any item of property was joint to establish the fact. But where it is established that the family possessed some joint property which from its nature and relative value may have formed the nucleus from which the property in question may have been acqu...