father, the 1st defendant from and out of the ancestral nucleus and hence, she is entitled to half share in the suit property ... property was purchased by the first defendant out of the joint family nucleus. It is also contended that the suit itself has been brought
father, the 1st defendant from and out of the ancestral nucleus and hence, she is entitled to half share in the suit property ... property was purchased by the first defendant out of the joint family nucleus. It is also contended that the suit itself has been brought
properties belonged to a joint family to establish the existence of the nucleus
and availability of the surplus income. He would also point out that ... joint family establishes the foundational facts viz., the availability of
nucleus, the availability of income and the availability of surplus income, the
onus will
Supreme Court, it was held as follows:
a)The joint family nucleus must have left sufficient surplus income so as to enable acquisition.
b)Initially ... joint family property to the extent that the alleged joint family nucleus must have left sufficient surplus income and by utilising the same, the property
first respondent / first plaintiff would contend that the existence of ancestral nucleus is admitted by DW1. Therefore, he would contend that once existence of ancestral ... nucleus is admitted, then, there is a presumption that the property belongs to the joint family. It is for the person who wants to assert
contend that the said sum of Rs.45,000/- constituted the ancestral nucleus for purchase of the suit properties by the first defendant. The second ... ancestral properties that have been purchased from and out of the ancestral nucleus that was available with the first defendant. The plea of the second
arise when it is proved that the family is possessed of sufficient nucleus, with the aid of which a member of the family might have ... member, there will be a presumption if joint family had sufficient ancestral nucleus. According to the learned counsel for the appellant
family property. If, however, the person so asserting proves that there was nucleus with which the joint family property could be acquired, there would ... property with his own funds and not out of joint family nucleus that was available.
(emphasis supplied)
15. In the case on hand, the fact
ancestral properties, in the absence of any proof regarding availability of the nucleus in the hands of Muthu Gounder, namely the father ... that it is for the plaintiff to establish the availability of the nucleus in the hands of Muthu Gounder in order to claim that
purchased by the 1st defendant/1st respondent with the help of ancestral nucleus. He would further contend that in the absence of any evidence
