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march 1964

Supreme Court of India · 1964-03-26

K. V. NARAYANASWAMI IYER vs K. V. RAMAKRISHNA IYER AND ORS.

Citation / case number
SC 1960/205
Court
Supreme Court of India
Petitioner
K. V. NARAYANASWAMI IYER
Respondent
K. V. RAMAKRISHNA IYER AND ORS.
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court held that properties acquired in the name of a joint family member are presumed to be joint family property if the family had a sufficient nucleus at the time of acquisition, as per Hindu Law. The Court ruled that the Karta of a joint family cannot be compelled to account for past transactions in the absence of fraud or misrepresentation, but an inquiry into the nature of the property at the time of partition is necessary. The appeal was allowed, affirming the trial court's decision that the properties were joint family properties liable for partition.

K. V. NARAYANASWAMI IYER vs K. V. RAMAKRISHNA IYER AND ORS. · Niyam