To establish property as belonging to a Hindu Undivided Family (HUF) the burden of proof lies squarely on the person asserting the claim. It is not enough to merely allege that a property is an HUF asset one must substantiate it with credible evidence. So, how to prove HUF property? As per the Supreme Court, “the burden is on the person who alleges that the property is a joint property of an HUF to prove the same.”
Without proof of a pre-existing joint family nucleus or acquisition through family funds, no presumption arises.
The claimant must demonstrate three critical elements:
The very existence of a joint Hindu family (HUF)
That the property in question formed part of the family nucleus or was acquired using joint family funds
That the property was indeed used or held as joint property.
Without such proof, a property will be presumed to be self-acquired or separate unless otherwise shown.
Moreover, the Allahabad High Court has reiterated this principle in land disputes: the initial burden lies with the person claiming joint Hindu family property. Once that burden is discharged, it then shifts to the opposing party to prove that the property was self-acquired and not obtained from HUF resources.
This means that documentary evidence like scrutinising sale deeds, tracing the source of funds, showing joint family usage or management, and proving a family nucleus through records are essential.
Only with such robust evidence can one convert a presumption of separateness into a recognised HUF property.
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How to Prove HUF Property?
ruchi
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2025-08-27T15:34:42+00:00 2025-08-27T15:34:44+00:00Comment
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