The law is well settled that the burden is on the person who alleges that the property is a joint property of an HUF to prove the same.[Para No.10]
It is clear that not only jointness of the family has to be proved but burden lies upon the person alleging existence of a joint family to prove that the property belongs to the joint Hindu family unless there is material on record to show that the property is the nucleus of the joint Hindu family or that it was purchased through funds coming out of this nucleus. [Para No.19]
Supreme Court of India
Bhagwat Sharan
Vs.
Purushotam and others
Decided on 03/04/2020