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Supreme Court of India 2018-04-26 allowed

Vinod Kumar Dhall vs Dharampal Dhall (Deceased) Through His Lrs. & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The plaintiff sought restoration of possession of a Delhi property, claiming exclusive ownership. He held the property in his name after his sister Kumari Sneh Lata's allotment was transferred to him upon her marriage in 1966. The Supreme Court held that the property was acquired and constructed entirely from the father's (Kashmiri Lal's) funds in 1963–1966, when the plaintiff was a student with no independent income. Since the entire family continuously resided in the property from its inception and the plaintiff himself never lived there, it constituted joint family property. Utility bills and tax receipts in the plaintiff's name did not prove exclusive ownership. The Court allowed the appeal and dismissed the suit.

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Property Law Family Law Joint Hindu Family Benami Transactions Possession and Ownership Civil Procedure

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