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Santanu Kumar Das And Ors. vs Bairagi Charan Das And Ors. on 13 March, 1995

28. When a property is purchased in the name of a female member even though there is sufficient nucleus the presumption that the said property is joint family property does not arise. Such a presumption would be available in the case of a male member of the family but not female member. Reliance can be placed on the judgment passed in Santanu Kumar Das & Ors. vs. Bairagi Charan Das & Ors., reported in AIR 1995 Orissa 300, the relevant para of which reads as under:-
Orissa High Court Cites 3 - Cited by 6 - Full Document

Leena Mehta vs Vijaya Myne & Ors. on 9 November, 2009

34. In view of Section 3 of the Benami Transaction (Prohibition) Act, 1988 no person can claim that property in the name of Dropadi Devi was her/her Benami property. Reference is made to a judgment passed by this Court in Leena Mehta vs. Vijay Myne and others, CS(OS) No.2118/2006, decided on 9th November, 2009. There was never any coparcenary or joint family. Coparcenary or joint family cannot be presumed. The entire argument of the plaintiff is based on the assumption that there was a CS(OS) No.2515/1991 Page No.30 of 33 coparcenary and that Dropadi Devi was the Manager which is wrong. Two sons and one daughter were married by her after the death of her husband. She was also getting pension after her husband‟s death. Thus, the plaintiff has failed to establish his stand on this issue also.
Delhi High Court Cites 4 - Cited by 5 - S N Dhingra - Full Document
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