Properties are joint family property not proved - In absence of prayer invalidating documents of conveyance,suit for partition was not maintainable

Citation

AIROnline 2023 MAD 621

Madras High Court

S. S. SUNDAR , J. and C. KUMARAPPAN , J.

AS - 560 of 2016 D/- 6 - 6 - 2023

N.Chokalingam and Anr. v. S.Prema and Ors.

Hindu Law-Suit for partition - Suit property whether joint family property or self acquired

property - Plaintiffs pleaded that deceased father being Karta purchased suit properties out

of joint family business income - Partnership deed between plaintiffs and their mother was

produced on record and since only two months had elapsed from starting business, it cannot be

presumed that there was substantial income from said business to acquire substantial properties

- Nowhere it was stated that business was ancestral business - It cannot be presumed to be joint

family business unless income from joint family nucleus was utilised for business - In absence of

any evidence, it was held that suit properties were separate properties of father and alienations

by father are binding on plaintiffs - In absence of prayer invalidating documents of conveyance,

suit for partition was not maintainable.

 (Paras 16 , 17 , 18)