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1 - 10 of 31 (0.29 seconds)The Hindu Succession Act, 1956
Section 230 in The Indian Contract Act, 1872 [Entire Act]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Nagubai Ammal & Others vs B. Shama Rao & Others on 26 April, 1956
In Nagubai Ammal v. B. Shama Rao [Nagubai Ammal v. B. Shama Rao,
1956 SCR 451 : AIR 1956 SC 593] which is the locus classicus on the subject,
it was held as follows : (AIR p. 599, para 18)
"18. An admission is not conclusive as to the truth of the matters stated
therein. It is only a piece of evidence, the weight to be attached to which
must depend on the circumstances under which it is made. It can be shown
to be erroneous or untrue, so long as the person to whom it was made has not
acted upon it to his detriment, when it might become conclusive by way of
estoppel."
Shivakumar vs Sharanabasappa on 24 April, 2020
In Shivakumar v. Sharanabasappa11 the Hon'ble Apex Court on
the same aspect of proof of will, held in paragraph 12 as under:
Himani Alloys Ltd vs Tata Steel Ltd on 5 July, 2011
It would be pertinent to mention that in Himani Alloys Ltd. v. Tata Steel
Ltd. [Himani Alloys Ltd. v. Tata Steel Ltd., (2011) 15 SCC 273 : (2014) 2 SCC
(Civ) 376] , it was also held that the admission should be categorical, should be
conscious and deliberate act of the party making it. As far as the present case is
concerned, we do not find any clear-cut admission with regard to the existence
RNT, J & MRK, J
45 AS No.80 of 2018 & 3 CRPs
of an HUF. At best, from the recitals in the mortgage deed and averments in the
written statement, all that can be said is that at the relevant period of time the
property was treated to be a joint property."
Section 68 in The Indian Evidence Act, 1872 [Entire Act]
R. Deivanai Ammal (Died) vs G. Meenakshi Ammal on 13 July, 2004
"13. Further, it is a settled principle of law that there is no presumption of a
property being joint family property only on account of existence of a joint
Hindu family. The one who asserts has to prove that the property is a joint
family property. If, however, the person so asserting proves that there was
nucleus with which the joint family property could be acquired, then there
would be presumption of the property being joint and the onus would shift
on the person who claims it to be self-acquired property to prove that he
purchased the property with his own funds and not out of joint family
nucleus that was available. That apart, while considering the term 'nucleus' it
should always be borne in mind that such nucleus has to be established as a
RNT, J & MRK, J
27 AS No.80 of 2018 & 3 CRPs
matter of fact and the existence of such nucleus cannot normally be presumed
or assumed on probabilities. This Court in R. Deivanai Ammal (Died) v. G.
Meenakshi Ammal12, dealt with the concept of Hindu Law, ancestral property
and the nucleus existing therein. The relevant paragraphs are extracted below
for ready reference:
Bhagwat Prashad Agrawal (Dead) Through ... vs Kamal Bhansali 9 Cra/127/2010 Nandu @ ... on 12 October, 2018
83. Paragraphs-21 & 22 of Bhagwat Sharan (supra) are reproduced as
under: