The law on the aspect of blending is well settled that property separate or self acquired of a member of a joint Hindu family may be impressed with the character of joint family property if it is voluntarily thrown by the owner into the common stock with the intention of abandoning his separate claim therein; but to establish such abandonment, a clear intention to waive separate rights must be established. Clear intention to abandon separate rights in the property must be proved. Even abandonment cannot be inferred from mere allowing other family members also to use the property or utilization of income of the separate property out of generosity to support the family members. S. Subramanian v. S. Ramasamay, (2019) 6 SCC 46.
Tag Archives: Joint Ownership
In D. S. Lakshmaiah v. L. Balasubramanyam, 2003 (95) RD 622 (SC), it was held that the legal principle, therefore, is that there is no presumption of a property being joint family property only on account of existence of a Joint Hindu Family. The one who asserts has to prove that the property is a joint family property. If, however, the person so asserting proves that there was nucleus with which the joint family property could be acquired, there would be presumption of the property being joint and the onus would shift on the person who claims it to be self acquired property to prove that he purchased the property with his own funds and not out of joint family nucleus that was available. In U.R. Virupakshappa v. Sarvamangala, 2009 (107) RD 90 (SC) held that it is well settled that the presumption in regard to existence of joint family gets weaker and weaker from descendant to descendant and such weak presumption can be rebutted by adducing of some evidence of separate possession of the property in which even the burden would shift to the plaintiff to prove that the family was a joint family. Bajrangi v. D.D.C., 2017 (136) RD 181