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.
Citations:
[1872] EngR 6, (1872) 14 Moo Ind App 412, (1872) 20 ER 840
Links:
Family, Commonwealth
Updated: 11 May 2022; Ref: scu.280096