https://www.taxtmi.com/caselaws?id=431873 A claim that properties were joint family assets failed because the party asserting coparcenary character did not prove an ancestral nucleus or sufficient joint family surplus. The evidence instead showed acquisition through independent business and devolution by will from self-acquired property, which did not convert the assets into ancestral property. As the properties were held to be the father's self-acquired and absolute properties, the plaintiff could not seek partition, separate possession, or rely on joint possession for court fee purposes. The subsequent sale during litigation was subject to lis pendens, but non-joinder and partial partition did not assist the plaintiff, and the partition claim failed entirely. en-us Fri, 25 Nov 2022 00:00:00 +0530 Thu, 22 Dec 2022 21:45:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=431873 A claim that properties were joint family assets failed because the party asserting coparcenary character did not prove an ancestral nucleus or sufficient joint family surplus. The evidence instead showed acquisition through independent business and devolution by will from self-acquired property, which did not convert the assets into ancestral property. As the properties were held to be the father's self-acquired and absolute properties, the plaintiff could not seek partition, separate possession, or rely on joint possession for court fee purposes. The subsequent sale during litigation was subject to lis pendens, but non-joinder and partial partition did not assist the plaintiff, and the partition claim failed entirely. Case-Laws Benami Property Fri, 25 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=431873