denied, that during the life-time of Jaffir there was a small nucleus of "joint family property " which on his death was taken ... jointly by the survivors. The amount of this nucleus is disputed, the defendant 3 swearing that it was about Rs. 10,000, while the defendants
property, which stood in the name of Vishnu Pathak, was
acquired by nucleus of joint family funds and hence she was
entitled to share ... 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
conclusion that remaining property could not have been acquired with this nucleus. A reference to the judgment shows that this Court accepted the principle ... were held to be ancestral property was not sufficient to form a nucleus with the help of which new properties could have been acquired
submitted that the joint family nucleus funds were used to acquire
property situated at A1 Rajpipla, Santacruz (West), Mumbai.
(c ) Mr. Shah, learned senior counsel ... joint family staying together, jointly having food and
doing worship and nucleus has been shown by the plaintiff to show
that all the properties
properties at Mulkhed and the income derived from Mulkhed properties formed the nucleus in order to acquire suit properties at Baner and, therefore, suit properties ... 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
submit that even if some assets were partially
acquired from a family nucleus, the doctrine of blending ensures that ... into joint family property merely because some prior assets
belonged to the nucleus. He would submit that Plaintiff cannot assume
that shares, properties, or businesses
Shriram Chits (Mah) Ltd vs Nucleus Chem Oil Private Limited And 4 ... on 24 June, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
family property and the same is
purchased from the funds of the nucleus of joint family
property and thus the auction sale of plot ... family
property. If, however, the person so asserting proves that
there was nucleus with which the joint family property could
be acquired, then there would
family property and the same is
purchased from the funds of the nucleus of joint family
property and thus the auction sale of plot ... family
property. If, however, the person so asserting proves that
there was nucleus with which the joint family property could
be acquired, then there would
ancestral properties and which were not acquired from the nucleus of the joint family ancestral properties.
2. The learned Judge has framed as many ... ancestral property and
whatever was subsequently acquired was from the nucleus of the said property.
According to her property mentioned in para