Partition -- Property Purchased in Name of Female Hindu -- Not presumed joint family property merely due to unemployment
(i) Hindu Succession Act, 1956, S.14(1) -- Partition -- Property Purchased in Name of Female Hindu -- Not presumed joint family property merely due to unemployment -- Property purchased under a registered sale deed in the name of a female Hindu constitutes her absolute property. Absence of independent income does not permit an inference that consideration flowed from joint family funds. Exercise of dominion, such as selling or leasing the property in her own right, confirms independent ownership. (ii) Hindu Succession Act, 1956, S.14(1) -- Partition -- Burden to Prove Joint Family Nucleus -- No presumption arises that property is joint family property merely because a joint family exists. The burden lies on the party asserting joint family character to prove existence of an adequate nucleus at the time of purchase. Witnesses without personal knowledge of the transaction cannot discharge this burden. (iii) Hindu Succession Act, 1956, S.15(1)(a), S.16 -- Partition -- Devolution on Sole Surviving Heir -- Property held absolutely by a female Hindu who dies intestate devolves upon her surviving legal heirs. Where the husband and daughter predecease her without other heirs being proved, the sole surviving son inherits full title and is competent to alienate the property.
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