LAW FOR ALL

Hindu joint family-Hotch Potch-self acquisition when acquires characteristics of joint family property -concurrent finding that business is separate--Supreme Court will not interfere under Art. 133. HEADNOTE: There is no presumption under Hindu law that a business standing in the name of any member of the joint family is a joint family business even if that member is the manager of the joint family. Unless it could be shown that the business in the hands of the coparcener grew up with the assistance of the joint family property or joint family funds or that the earnings of the business were blended with the joint family estate, the business remains free and separate. [466 F-H] Bhuru Mal v. Jagannath, A.I.R. 1943 P.C. 40, Pearey Lai v. Nanak Chand, A.I.R. 1948 P.C. 108, Chattanatha Karayalar v. Ramachandra Iyer, A.I.R. 1955 S.C. 799, referred to. The separate property of a Hindu coparcener ceases to be his separate property and acquires the characteristics of his joint family or ancestral property, not by mere act of physical mixing with his joint family or ancestral property but by his own volition and intention, by his waiving or surrendering his special right in it as separate property. Mere recitals in deeds dealing with self acquisitions as ancestral joint family property is not by itself sufficient; but it must be established that there was a clear intention on the part of the coparcener to waive his separate property.[470 B-c] Hurpurshad v. Sheo Dyal, 3 I.A. 219. Lal Bahadur v. Kanhaiya Lai, 34. I.A. 65, Lola Muddun Gopal v. Khikhinda Koeri 18 I.A. 9, Naina Pilla v. Daiyanai Ammal, A.I.R. 1936 Mad. 177, referred to. where there is a concurrent finding of both the lower courts that the business is a separate business and it is neither a joint family business nor treated as joint family business, it is not open to further scrutiny by this Court under Art. 133 of the, Constitution. [467 A-B]