Burden of proof of proving that any property has not been partitioned lies on the party alleging it

There is a presumption that until the contrary is proved, every Hindu family is joint and undivided and all its property is Joint

The Apex Court in the present matter dealt with the issue relating to law of partition. The legal position as reiterated, the Apex Court observed that once a partition by way of division of right, title or status is proved or admitted, the presumption is that all joint property is partitioned or divided.

There is a presumption that until the contrary is proved, every Hindu family is joint and undivided and all its property is Joint. However this presumption will go off once a partition (of status or property), whether general or partial, is shown to have taken place in a family. The burden of proof that certain property was not part of the partition would be on the party that alleges the same as a joint property.

[Kesharbai @ Pushpabai Eknathrao Nalawade (D) by LRs. & Anr. vs. Tarabai
Prabhakarrao Nalawade & Ors.]
(SC, 14.03.2014)