NDLI: Bhagwati Prasad Sah and Others Vs. Dulhin Rameshwari Kuer and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Hindu Law-Joint family-Presumption of iointness-Separation of one member-Effect of-Burden of proof of subsequent state of family-Evidence
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Evidence Act, 1872 (1 of 1872)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Case Remanded
Headnote	Hindu Law-Joint family-Presumption of Jointness-Separation of one member-Effect of-Burden of proof of subsequent state of family-Evidence of separation-Statement of deceased member Evidence Act (I of 1872), s. 32(3).Though the general principle is that a Hindu family is presumed to be joint unless the contrary is proved, yet where it is admitted that one of the coparceners did separate himself from the other members of the joint . family and had his share in the joint property partitioned off for him, there is no presumption that the rest of the coparceners continued to be joint. There is no presumption on the other side too that because one member of the family separated himself, there has been separation with regard to all. It would be a question of fact to be determined in each case upon the evidence relating to the intention of the parties whether there was a separation amongst the other coparceners or they remained united and the burden would undoubtedly lie on the party who asserts the existence of a particular state of things on the basis of which the claims relief.Except in the case of reunion, the mere fact that separate coparceners chose to live together or act jointly for purposes of business or trade or in their dealings with properties would not give them the status of coparceners under the Mitakshara law.The statements of a particular person that he is separated from a joint family of which he was a coparcener, and that he has no further interest in the joint property or claim to any assets left by his father, would be statements made against the interest of such person, and, after such person is dead, they would be relevant under s. 32{3) of the Evidence · Act. The assertion that there was separation not only in respect of himself but between all the coparceners would be admissible as a connected matter and an integral part of the same statement. It is not merely the precise fact which is against interest that is admissible but all matters that are "involved in it and knit up with the statement.The expression "joint family" is used in legal as well as in a loose sense. The fact that the said expression is used in describing a family in a document does not therefore necessarily lead to the inference that the family is a joint Hindu family with all its legal incidents.
Judge	Honble Mr. Justice Bijan Kumar Mukherjea
Neutral Citation	1951 INSC 34
Petitioner	Bhagwati Prasad Sah And Others
Respondent	Dulhin Rameshwari Kuer And Another
SCR	[1951] 1 S.C.R. 603
Judgement Date	1951-05-07
Case Number	83

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