BHAGWATI PRASAD SAH AND OTHERS vs DULHIN RAMESHWARI JUERAND ANOTHER.

The Supreme Court held that while a Hindu family is presumed to be joint, if one coparcener has separated and had their share partitioned, there is no presumption that the remaining coparceners are still joint. The burden of proof lies on the party asserting the existence of jointness. The Court clarified that statements made by a deceased member regarding their separation from the joint family are admissible under Section 32(3) of the Evidence Act, as they are against their interest. The judgment emphasized that mere cohabitation or joint action does not imply a legal status of coparceners under Mitakshara law.