SC upholds curb on mechanical FIRs over harsh online speech

SC upholds curb on mechanical FIRs over harsh online speech

In Dorairaj v. Doraisamy (Dead) Through LRs & Ors., the Supreme Court reaffirmed that properties acquired by a Karta during the subsistence of a Joint Hindu Family are presumed to be joint family properties if ancestral, income-yielding assets are shown to exist. The dispute concerned multiple agricultural properties claimed as joint family assets in a partition suit. The appellant contended that several properties were self-acquired, relying on sale deeds and an unregistered Will. However, the Court held that mere assertions of independent income are insufficient. The burden lies on the person claiming self-acquisition to prove a clear, independent source of income and a direct nexus between that income and the purchase. The Court further clarified that separate enjoyment or individual borrowings do not amount to partition unless there is clear intention to sever joint status. Dismissing the appeal, the Court upheld the High Court’s decree, treating the properties as joint family assets except those conclusively proved otherwise.