Property Lawyer: the self acquired property cannot be inferred to be joint family property, by mere usage of the property, by other family members; SC.- 19:30
Supreme Court of India
Justice M R Shah
In the case titled as "S Subramanian versus S Ramaswamy", it was held by the Supreme Court that the high court cannot arrive on its own finding by re -appreciating the facts of the case, on law or on the facts, unless substantial question of law is involved in the appeal.
It was further held that the self acquired property cannot become the joint family property, unless the property is voluntarily thrown by the owner into the common stock, with the intention of abandoning his separate clean there in. It was held that abandonment cannot be inferred from mere allowing other family members to use the property, or utilisation of income of the property to support the remaining family members.
The judgement of the High Court was accordingly set aside and the judgement of the lower courts was reaffirmed by the SC.