Business Run by Karta of HUF Cannot Be presumed to be Joint Family Business: SC

Kiran Devi Vs The Bihar State Sunni Wakf Board & Ors. (Supreme Court)

1. Supreme Court on Hindu Undivided Family, there cannot be any Presumption That Business Run By Karta In Tenented Premise Is Joint Family Asset.

2. The contract of tenancy is an independent contract than the joint Hindu family business.

3. Just because a business was run by a karta of a Hindu Undivided Family in a tenented premise, there is no presumption that it is a joint Hindu family business, held the Supreme Court in a recent judgment.

4. There can be a presumption of Hindu joint family property if the property has been acquired by the male member or if the same has been treated as joint Hindu family. But no such presumption is attached to a business activity carried out by an individual in a tenanted premise”, observed the Supreme Court in the case Kiran Devi v. Bihar State Sunni Wakf Board.

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