References: [1872] EngR 6, (1872) 14 Moo Ind App 412, (1872) 20 ER 840
Links: Commonlii
Cesser of commenality is strong, though not conclusive, evidence of partition of joint family property, and removes or qualifies the presumption of Hindoo Law, that the acquisition of property by a member of the family is made by means of the joint estate, but the onus probandi lies on a member of the family setting up separation to prove that the property was acquired by himself after separation, and not from estate of the joint family.
Last Update: 25-Oct-15 Ref: 280096
