21 Aug 2026 12:49 PM
Punjab & Haryana High Court
Punjab & Haryana High Court

Family Settlement -- Absence of Documentary or Reliable Evidence -- Mere assertion without proof of terms cannot be accepted

(i) Family Settlement -- Family Settlement -- Absence of Documentary or Reliable Evidence -- A family settlement not proved by documentary evidence or reliable testimony cannot be accepted on mere assertion, without proof of its terms or of what property fell to the share of other co-sharers. (ii) Adverse Possession -- Adverse Possession -- Claim by One Co-Owner Against Another -- Possession of one co-owner is presumed to be on behalf of all co-owners. A co-sharer cannot claim adverse possession against another co-sharer unless there is clear evidence of ouster and hostile assertion of title. (iii) Co-Ownership -- Joint Property -- Construction or Utility Connection by One Co-Sharer -- The fact that one co-sharer has raised construction over the property or obtained a utility connection in his name does not extinguish the ownership rights of other co-sharers, particularly where the property admittedly remained joint.

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