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march 1954

Supreme Court of India · 1954-03-23

SHRINIVAS KRISHNARAO KANGO vs NARAYAN DEVJI KANGO AND OTHERS.

Citation / case number
SC 1952/23
Court
Supreme Court of India
Petitioner
SHRINIVAS KRISHNARAO KANGO
Respondent
NARAYAN DEVJI KANGO AND OTHERS.
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court established that the existence of a Hindu joint family does not automatically presume that property held by its members is joint; the burden of proof lies on the party asserting joint ownership. If a nucleus of joint property is proven, the burden shifts to the party claiming self-acquisition to demonstrate that the property was acquired independently. The Court held that the plaintiff failed to prove that the acquisitions were made with the aid of joint family property. Additionally, it clarified that an adopted son acquires rights that relate back to the death of the adoptive father, but this principle does not apply to properties outside the adoptive father's estate, where vested inheritance cannot be divested.

SHRINIVAS KRISHNARAO KANGO vs NARAYAN DEVJI KANGO AND OTHERS. · Niyam