that
property held by any member thereof is joint--Existence of
some nucleus-Burden of Proving self-acquisition-Property in
possession of a family from ... property which from its
nature and relative value may have formed the nucleus from
which the property in question may have been acquired the
burden
observing that it was for the first appellant to show that no
nucleus of ancestral property was available with him to purchase Item ... said joint Hindu family
property was yielding any income or that any nucleus was available with
the aid whereof Item No.1 property could
held that the acquisition of the property was from the joint family nucleus which was available with the joint family propitious, all the parties ... wife and son and those properties were not purchased from the family nucleus. The High Court on appreciation of evidence set aside the order
Partition-Partition deed sham and nominal-Effect
of Joint family, having nucleus-Later acquisitions-Income
from nucleus adequate for making acquisitions-If can be
presumed ... joint, possesses any joint family property or
if there was a nucleus, any acquisition made by any member
of the joint family is joint family
name of a member of joint
family-Joint family having sufficient nucleus on that date-
Presumption that property is acquired from joint family
funds ... date of such acquisition the
joint family had sufficient nucleus for acquiring it, the
property should be presumed to have been acquired from
acquired properties of late Ganapathy Moopanar or ancestral properties and
whether any nucleus was available to purchase the properties. Under the Hindu ... alleging that the property is ancestral property
proves that there was a nucleus by means of which other property may have been
acquired, that
defendant. Out of their
joint earnings and also out of joint family nucleus, the first defendant has
started so many new businesses ... Veeraraghava Iyer and his three sons has possessed of
sufficient nucleus and by Utilising surplus income of the Hindu joint family,
the first defendant
joint family funds and out of his own earnings and from the nucleus of the funds. During the lifetime of Huvappa, defendant 1 and defendants ... joint family property purchased the suit schedule property and there was sufficient nucleus and income for the purchase of the same and further
name of Varadaraja Aiyar were acquired by him with a nucleus of family funds, that his "earnings were freely thrown in the common stock ... Varadaraja Aiyar are joint family properties, that though there was a nucleus of ancestral property it was not proved that the properties which he acquired
make-belief affair. His further contention is that having secured such nucleus from the joint family after instituting a suit for partition, Ramaswami Iyengar ... deemed to be joint family properties, as there was sufficient joint family nucleus for the acquisition of such properties. The alternative case of the plaintiff