Makhan Singh (Dead) by LRs v. Kulwant Singh

Citation(2007) 10 SCC 602
Bench2-judge
Date of Decision30 March 2007
CategoryHUF Partition
Statutes Cited["Hindu Succession Act 1956","Indian Evidence Act 1872"]

Ratio Decidendi

No presumption that property owned by joint family members is joint family property. Burden on the party asserting it. Only if nucleus of joint family funds established does burden shift.

Headnotes

["No automatic presumption of joint family property","Onus on party claiming joint family property","Nucleus doctrine: if nucleus proved burden shifts","Property classification by evidence not assertion","Protects individual rights against unfounded claims"]

Full text not available for this judgment.

Our Analysis

Your Family Can't Claim Your Property Without Proof by Rajendra Goswami · 8 April 2026