Reference in this behalf was made to the judgments of this court in Bhagwan Dayal v. Reoti Devi (AIR 1962 SC 287). In this case, this court held that the general principle is that a Hindu Family is presumed to be joint unless the contrary is proved. It was further held that where one of the coparceners separated himself from other members of the joint family there was no presumption that the rest of the coparceners continued to constitute a joint family. However, it was also held that at the same time there is no presumption that because one member of the family has separated, the rest of the family is no longer a joint family.
In the instant case, there is no material on record to show that the properties belonged to a HUF. They may have been joint properties but merely on the basis of recitals in the mortgage deed they cannot be said to be joint family property.
(2020) 6 SCC 387- Bhagwat Sharan v. Purushottam and Others