Legal Shorts; SC: Joint family property – Property fraudulently sold to joint family by guardian of minor

Burden to prove properties that constitute joint family property, held, lies on person seeking partition.

In a suit for partition of joint family property, if a third person’s property is included in schedule of partition suit on basis of scale of his property in favour of members of joint family by his guardian during his minority, but after attaining majority and on his being impleaded  as defendant by court, he questions validity of the sale and inclusion of the property in the schedule, burden of proof will lie on plaintiff in partition suit to establish that title to suit property belongs to joint family and requires to be partitioned- Until that burden is discharged by plaintiff, the other party ( impleaded defendant ) cannot to required to prove his case that sale by the alleged guardian was not for legal necessity and sale deed was not genuine but bogus and sham as said defendant does not seek to reply on sham nature of transaction – Evidence Act, 1872, S.101- Transfer of Property Act,1882, Ss.7 and 8.

Ramgammal Vs. Kuppuswami.

(2011) 12 SCC 220: AIR 2011 SC 2344

Bench Strength: – 2.
Coram: J.M. Panchal  and Gyan Sudha Misra, JJ.
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