VidhiSangh

Supreme Court of India · 03/04/2020

BHAGWAT SHARAN (DEAD THR. LRS. versus PURUSHOTTAM & ORS.

[2020] 10 S.C.R. 579 · 2020 INSC 327

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Summary

The Supreme Court upheld rejection of a partition claim because the plaintiff failed to prove that the disputed assets belonged to a Hindu undivided family. Joint business or joint ownership did not itself establish HUF property, and earlier pleadings contained no unequivocal admission to that effect. Having relied on a testamentary bequest in an eviction suit, the plaintiff could not reject the same will’s inconsistent provisions. The agricultural-property claim also lacked proof of HUF funds.

Issues

  1. Who bore the burden of proving that the assets were HUF property.
  2. Whether mortgage documents and earlier pleadings established HUF status.
  3. Whether acceptance of a testamentary benefit precluded the inconsistent challenge.

Held

Result

Appeals dismissed with no order as to costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 10 S.C.R. 579.