https://www.taxtmi.com/caselaws?id=297475 The party asserting joint Hindu family character must prove it; no presumption arises merely because a joint family exists, and the claimed joint family source of the 29.2/3 marlas was not satisfactorily established. Property inherited by a son under Section 8 of the Hindu Succession Act, 1956 is taken in his individual capacity, not as karta of a Hindu undivided family. On that basis, the 11 marlas inherited by the sons of Dula Singh remained self-acquired property, so the restriction on specific performance was unsustainable and the decree for specific performance was granted in full. en-us Fri, 30 Mar 2007 00:00:00 +0530 Wed, 22 Dec 2021 17:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297475 The party asserting joint Hindu family character must prove it; no presumption arises merely because a joint family exists, and the claimed joint family source of the 29.2/3 marlas was not satisfactorily established. Property inherited by a son under Section 8 of the Hindu Succession Act, 1956 is taken in his individual capacity, not as karta of a Hindu undivided family. On that basis, the 11 marlas inherited by the sons of Dula Singh remained self-acquired property, so the restriction on specific performance was unsustainable and the decree for specific performance was granted in full. Case-Laws Indian Laws Fri, 30 Mar 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297475