Case Note & Summary
The appellants (original plaintiffs) filed a suit for partition and separate possession of properties allegedly belonging to the joint Hindu family of Vishwanathrao Fating. The trial court dismissed the suit, holding that the plaintiffs failed to prove that the suit properties were ancestral or joint family properties. The High Court, in appeal, affirmed the trial court's findings. It noted that the plaintiffs did not produce any documentary evidence to show that the properties were acquired from joint family funds or that they were ancestral. The father, Vishwanathrao, had executed a Will bequeathing his self-acquired properties to some of his sons, which was held to be valid. The court also rejected the argument of adverse possession, as the properties were not joint. The appeal was dismissed with no order as to costs.
Headnote
A) Hindu Law - Joint Family Property - Burden of Proof - In a suit for partition, the plaintiff must prove that the property is ancestral or joint family property. Mere existence of a Hindu joint family does not give rise to a presumption that any particular property is joint. The burden lies on the party asserting jointness. (Paras 5-10) B) Hindu Law - Will - Validity - A Will executed by the father bequeathing his self-acquired properties to some sons is valid and binding on other sons. The plaintiffs cannot claim share in properties that were never joint. (Paras 11-15) C) Limitation Act, 1963 - Article 65 - Adverse Possession - A co-owner in possession of joint property cannot claim adverse possession against other co-owners unless there is ouster. However, where property is not joint, possession of one co-owner is not adverse. (Paras 16-18)
Issue of Consideration
Whether the suit properties were ancestral/joint family properties and whether the plaintiffs were entitled to partition and separate possession.
Final Decision
Appeal dismissed. Trial court's decree confirmed. No order as to costs.
Law Points
- Burden of proof on plaintiff to prove joint family property
- Presumption of jointness in Hindu family
- Validity of Will
- Adverse possession
- Limitation for partition suit
