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It is a settled principle of law that once a partition in the sense of division of right, title or status is proved or admitted, the presumption is that all joint property was partitioned or divided.
Kesharbai @ Pushpabai Eknathrao Nalawade (D) by LRs & Anr vs Tarabai Prabhakarrao Nalawade & Ors
CIVIL APPEAL NO. 3867 OF 2014 (Arising out of SLP (C) No.27916 of 2009)
About/from the judgment:
It is a settled principle of law that once a partition in the sense of division of right, title or status is proved or admitted, the presumption is that all joint property was partitioned or divided. Undoubtedly the joint and undivided family being the normal condition of a Hindu family, it is usually presumed, until the contrary is proved, that every Hindu family is joint and undivided and all its property is joint. This presumption, however, cannot be made once a partition (of status or property), whether general or partial, is shown to have taken place in a family. This proposition of law has been applied by this court in a number of cases.
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