Is property allotted to a coparcener on partition his self-acquired property and not joint family property?
Coram: Justice P.Vadamalai
Property allotted to a coparcener on partition is his self-acquired property and is not joint family property.
Yes. Property allotted to a coparcener on partition is his self-acquired property and is not joint family property. After a partition each party receives a separate and distinct share which becomes their self-acquired property with absolute rights to sell, transfer or bequeath, and the share ceases to retain the incidents of joint family property. (¶15)
Indian Evidence Act, 1872 — s.68 — Registered settlement deed — Specific denial — Partition — Self-acquired property — Partition — Property allotted to a coparcener — Self-acquired, not ancestral — Held: Property allotted to a coparcener on partition ceases to retain the incidents of joint family property and becomes his self-acquired property with absolute rights. (¶15) Indian Evidence Act, 1872 — s.68 — Registered document — Attesting witness not required — Held further: Where execution of a registered document other than a Will is not specifically denied, the proviso to s.68 applies and no attesting witness need be called. (¶17, 19) Indian Evidence Act, 1872 — s.68 — Presumption of valid execution — Onus on the party challenging — Held further: A registered document is presumed to be validly executed, and the onus to rebut that presumption lies on the party challenging it. (¶18) Partition — Registered settlement deed standing in the way — Cancellation a condition precedent — Held further: A plaintiff cannot seek partition of property covered by a registered settlement deed without having it cancelled or set aside. Appeal dismissed. (¶21, 22)
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