NAGESH BISTO DESAI ETC. ETC. vs KHANDO TIRMAL DESAI ETC. ETC.

The Supreme Court held that under Section 4(1) of the Bombay Pargana and Kulkarni Watans Abolition Act, 1950 and Section 7 of the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955, the impartibility of an estate does not negate its status as joint family property. The Court ruled that the estate retains its character as joint family property and its devolution is governed by the rule of survivorship, requiring proof of intention from junior family members to renounce succession for it to be considered separate property. The appeal was dismissed, affirming the lower court's decision that the properties were partible and belonged to the joint Hindu family.