Dorairaj v. Doraisamy (Dead) through LRs & Ors.

 Where ancestral income-yielding properties exist and acquisitions are made during the subsistence of a joint Hindu family, the burden lies on the coparcener asserting self-acquisition to clearly establish independent source; concurrent findings on joint family character and limited exclusion warrant no interference.

 

Background

The dispute arose from a suit for partition (O.S. No. 99 of 1987) concerning 79 items of agricultural properties claimed to be joint Hindu family properties descending from a common ancestor. The plaintiff sought partition of his share, disputing several alienations in favour of one coparcener and the validity of an alleged unregistered Will. The Trial Court and Appellate Courts returned largely concurrent findings, subject to limited exclusions.

 

Issues Framed

1. Whether the suit properties were joint Hindu family properties or self-acquisitions of individual coparceners.
2. Whether the alienations effected by the Karta in favour of one coparcener were binding for legal necessity.
3. Whether the alleged unregistered Will dated 24.11.1989 was valid and operative.
 

Court’s Reasoning

(i) Joint Family Nucleus and Burden of Proof
The Court reaffirmed that mere existence of a joint family does not automatically stamp all properties as joint. However, once ancestral properties yielding income are established and acquisitions are made during the subsistence of the joint family, the burden shifts to the person asserting self-acquisition to prove an independent source.

(ii) Application to Facts
Item Nos. 14 and 15 were admitted ancestral properties. Revenue records evidenced cultivation and income. The plea that these lands were non-yielding was rejected on evidence. The Court held that existence of some independent income of the Karta does not, by itself, negate joint family contribution, particularly where acquisitions were made during jointness.

(iii) Alleged Prior Partition
Separate enjoyment or borrowings were held insufficient to infer partition. Absence of unequivocal intention to sever status, continued description of interests as undivided, and lack of mutation supported the inference of continued joint family.

(iv) Alienations by Karta
Alienations in favour of one coparcener must be strictly proved to be for legal necessity. The item-wise scrutiny by courts below, upholding only those supported by evidence and excluding others, was approved as legally sound.

(v) Will and Guardian Sales
The unregistered Will was rightly rejected due to suspicious circumstances and finality of earlier findings. Sales effected as guardian of minors were examined closely; those unsupported by necessity were not binding.

 

Decision 

The Civil Appeals were dismissed. The High Court’s judgment was affirmed, save for limited exclusions already granted. No order as to costs. 

 

Ratio

Where ancestral income-yielding properties exist and acquisitions are made during the continuance of a joint Hindu family, properties standing in the name of a coparcener or Karta are presumed joint unless the person asserting self-acquisition discharges the burden of proving a clear and independent source; concurrent, item-wise findings on partition and alienations call for no interference.

 

Case Details

• Citation: 2026 INSC 126
• Decided on: 05 February 2026
• Case Title: Dorairaj v. Doraisamy (Dead) through LRs & Ors.
• Court: Supreme Court of India
• Bench: Sanjay Karol, J.; Satish Chandra Sharma, J.

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