Bant Singh Vs. Niranjan Singh (D) by Lrs.
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Head Note
The Code of Civil Procedure, 1908 - Section 100
Joint family property - Property inherited by two brothers from their father - Whether there has been severance of the joint family property is a question of fact.
The Hindu Marriage Act, 1955 - Section 8 , Section 12
Coparcenary property - Death of owner of property in the year 1995 leaving behind two sons and one daughter - Property devolved upon two sons in equal shares - Entries in that behalf made in revenue records - Held, property in hands of brothers was not coparcenary property.
The Hindu Marriage Act, 1955 - Section 8 , Section 12
Sections 8 and 12 - Coparcenary property - Death of owner of property without leaving any Class I heir - His property mutated in favour of his nephew and sisters son being Class II heirs - Claim of nephew that property was coparcenary property not tenable.
The Indian Evidence Act, 1872 - Section 50
Dispute whether there was relationship of brother and sister between them who had since died - Evidence of Close relatives who attended the marriage and saw them addressing each other as sister and brother is relevant under Section 50 of Evidence Act. AIR 1959 Supreme Court 914 relied.
The Indian Evidence Act, 1872 - Section 114
Revenue Record - Ownership of property - An entry made in the revenue records may not be decisive to as regards the status of the parties but a presumption in regard to possession can be raised on the basis thereof.
Topic(s)-Coparcenary property , Revenue Record , Ownership of property , Joint family property
Important Decision(s)- An entry made in the revenue records may not be decisive to as regards the status of the parties but a presumption in regard to possession can be raised on the basis thereof.