said joint Hindu family property was yielding any
income or that any nucleus was available with
the aid whereof Item No.1 property could ... that the share which the father
took under Exhibit A formed the nucleus from
which all his further acquisitions sprang. The plea
of the father
family and out of the income derived from the
joint family nucleus and also by pledging the plaintiff's mother's
jewels ... kartha of the joint family and that out of the joint
family nucleus and by pledging their mother's jewels, the suit
property
assistance of the joint family nucleus, the said properties would have
been also the subject matter of the partition effected under ... asserts so – But if he proves
that the family possessed sufficient
nucleus with the aid of which joint family
property could be acquired, then
presumption
that the suit property has
been purchased from and out of ancestral nucleus and through the joint
family income derived from “Sri Devi Sweets”. These ... suit
property was purchased from the joint family income and ancestral nucleus.
It is the submission of the plaintiff that the first defendant
written
statement is that there were no joint family nucleus. They further
contended that Item Nos. 3 to 6 in suit A-schedule were ... self efforts and
there was absolutely no joint family nucleus. Those properties
http://www.judis.nic.in
6
were purchased during the year
schedule
in the partition deed and out of the abovesaid ancestral nucleus, the first
defendant has purchased the suit properties in his name ... landed
properties and also denied that out of the ancestral nucleus, he had
purchased the suit properties in his name and denied that the suit
name, without the aid of the ancestral nucleus and when the
existence of some ancestral nucleus has been admitted one way or
the other ... seen whether the ancestral nucleus of the
joint family were capable of yielding income and whether the same
http://www.judis.nic.inconstituted the source
Court, considering the fact that the plaintiffs have not
proved the ancestral nucleus to purchase the property in the name of their
mother Lakshmi Ammal ... item of the
property was also purchased out of the joint family nucleus. Whereas, the first
appellant Court has erroneously concluded that the fifth item
joint family funds, that he is possessed of ancestral nucleus and
though he would claim that no income was derived from the joint family
nucleus ... however, considering the nature of the agricultural lands
constituting the ancestral nucleus fitted with the Well as put forth by the
plaintiffs, there is every
family?
2.Whether the suit property was
purchased out of joint family nucleus?
3.Whether the suit property was
purchased by the first defendant ... unless it proves that the property was purchased out of
joint family nucleus, it belongs to the female members in whose
name the property stands
