family consisting of plaintiffs and the 2nd defendant was having joint family nucleus which yielded income and the purchase made in the name ... their burden by proving that the family had one income as independent nucleus and the properties in items II to IV 'A' schedule
items 5 to 13 were acquired with the aid of the ancestral nucleus and treated as joint family properties. Items ... funds without the aid of the joint family nucleus. With respect to item 14, it is the case of the defendants that the same
When the plaintiffs claim that the same have been purchased from the nucleus of the joint family, properties they have to establish the same ... standing in her name have not been purchased from the joint family nucleus. The Courts have held that when properties stand in the name
oral partition. From out of the income derived from the joint family nucleus, the other items of the properties, viz., item ... from out of the income generated from the joint family nucleus. While so, D4 sold the third item of the suit properties in favour
argued that in the absence of evidence as to any joint family nucleus available with the defendant from which he could have acquired, the acquisitions ... income yielding property or any income which could have constituted a sufficient nucleus from which the property could have been acquired?
We find no such
funds emanating from a female member could, in law, form the nucleus of joint family property, and answered the point against the assessee. He regarded ... female member cannot be considered as capable of providing any nucleus for properties to become properties of an HUF. The Tribunal, accordingly, held that what
sale consideration was paid from out of the joint family funds and nucleus. The sale consideration for the sale deed
dated 25.8.1975 in the name ... holding that the suit properties are joint family properties overlooking that the nucleus must be established as a fact and cannot be assumed or presumed
practically of no use to show that there was any tarwad nucleus for defendants 1 and 2 to acquire the rights under ... shown that the tarwad is possessed of sufficient nucleus with the aid of which the property might be acquired. But, Subba
there was no plea or proof regarding the existence of joint family nucleus having sufficient income to enable the abovesaid property to be purchased ... authority for the said passages:
Where, however, the existence of the nucleus is shown and no other source of income is disclosed, the presumption
places. The 1st defendant purchased item No. 2 and 3 from the nucleus of the Joint Family property. The 1st defendant, on 14.03.1988 sold item ... property which from its nature and relative value may have formed the nucleus from which the property in question may have been acquired, the presumption
