https://www.taxtmi.com/caselaws?id=285109 After the Hindu Succession Act, 1956, a bare assertion that property is ancestral or that a joint Hindu family exists is insufficient to claim partition and possession on an HUF basis. Where the claim depends on pre-1956 inheritance, the pleadings must show inheritance before the statutory change; where it depends on a post-1956 HUF, the plaint must specifically plead the throwing of self-acquired property into a common hotchpotch and the facts showing when and how the HUF arose. The article emphasizes that material facts must be pleaded with clarity, and that a bald assertion of HUF status does not disclose a legally sustainable cause of action. en-us Mon, 18 Jan 2016 00:00:00 +0530 Thu, 26 Dec 2019 17:46:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285109 After the Hindu Succession Act, 1956, a bare assertion that property is ancestral or that a joint Hindu family exists is insufficient to claim partition and possession on an HUF basis. Where the claim depends on pre-1956 inheritance, the pleadings must show inheritance before the statutory change; where it depends on a post-1956 HUF, the plaint must specifically plead the throwing of self-acquired property into a common hotchpotch and the facts showing when and how the HUF arose. The article emphasizes that material facts must be pleaded with clarity, and that a bald assertion of HUF status does not disclose a legally sustainable cause of action. Case-Laws Indian Laws Mon, 18 Jan 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285109