In Brief
Bhagwat Sharan sued for partition of properties claimed to be joint family property belonging to a Hindu Undivided Family (HUF) allegedly formed by Madhav Prashad and Umrao Lal. The trial court decreed the suit; the High Court reversed it. On appeal, the Supreme Court held that the burden of proving the existence of an HUF lies on the plaintiff. While a mortgage deed showed some properties were jointly mortgaged, this was insufficient to establish HUF status without proving jointness of family, living, and a common property nucleus. Sale deeds executed during Hari Ram's lifetime, unchallenged by the plaintiff's predecessors, suggested family separation. The plaintiff was also estopped by accepting benefits under Hari Ram's Will. The appeal was dismissed.
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