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.