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Hindu Joint family – Reunion – To constitute a reunion there must be an intention of the parties to reunite in estate and interest

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Hindu Joint family – Reunion – To constitute a reunion there must be an intention of the parties to reunite in estate and interest

Hindu Joint family - It is not necessary that there should be a formal and express agreement to reunite. Such an agreement can be established by clear evidence of conduct incapable of explanation on any other footing

Service matter - Once an order is issued and it is sent out to the concerned government servant, it must be held to have been communicated to him, no matter when he actually received it

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Hindu Joint family – Reunion – To constitute a reunion there must be an intention of the parties to reunite in estate and interest

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hindu joint family – Reunion – To constitute a reunion there must be an intention of the parties to reunite in estate and interest – It is implicit in the concept of a reunion that there shall be an agreement between the parties to reunite in estate with an intention to revert to their former status of members of a joint Hindu family – Such an agreement need not be express, but may be implied from the conduct of the parties alleged to have reunited – But the conduct must be of such an incontrovertible character that an agreement of reunion must be necessarily implied therefrom –  As the burden is heavy on a party asserting reunion, ambiguous pieces of conduct equally consistent with a reunion or ordinary joint enjoyment cannot sustain a plea of reunion.

Mayne’s Hindu law, 11th Edn., thus at p. 569:

“As the presumption is in favour of union until a partition is made out, so after a partition the presumption would be against a reunion. To establish it, it is necessary to show, not only that the parties already divided, lived or traded together, but that they did so with the intention of thereby altering their status and of forming a joint estate with all its usual incidents. It requires very cogent evidence to satisfy the burden of establishing that by agreement between them, the divided members of a joint Hindu family have succeeded in so altering their status as to bring themselves within all the rights and obligations that follow from the fresh formation of a joint undivided Hindu family.”

2021 SCeJ 948

Tags: 21.JUL.1Hindu Joint FamilyHindu Joint Family - partitionHindu Joint Family - Reunion

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