LAW FOR ALL

Hindu Law - Partition suit - Presumption of Joint family -Exclusion of property from partition-burden lies on whom- Trial court and High court found that there was a partition by metes and bounds in the year 1985 itself - then the burden lies on the plaintiff who wants to claim certain property still in joint status as it was excluded from partition but not on the defendants - Apex court held that .Therefore, the presumption would be that there was complete partition of all the properties. Consequently, the burden of proof that certain property was excluded from the partition would be on the party that alleges the same to be joint property. Therefore, in our opinion, the High Court clearly committed an error in placing the burden of proof on the petitioners, who were defendants in the suit to prove that the Nageshwarwadi property at Aurangabad was a self-acquired property of Eknathrao. In view of the aforesaid, we allow the appeal and set aside the findings recorded by the trial court on Issue No. III.= Kesharbai @ Pushpabai Eknathrao Nalawade (D) by LRs. & Anr. …Appellants VERSUS Tarabai Prabhakarrao Nalawade & Ors. ...Respondents= 2014 (March. Part ) judis.nic.in/supremecourt/filename=41325