P&H: Admission made by a party in pleadings is substantive evidence against the maker

punjab-haryana
⚖️ Order Date: 08 Oct 2026
Headnotes

Hindu Succession Act, 1956, S.8 — Property of Hindu male dying intestate  — Where property devolves upon son u/s 8 of the Act, it is inherited by him in his individual capacity and does not merely by reason of such inheritance, become HUF property vis-a-vis his...

Evidence Act, 1872, S.17 —  Admission in pleadings — Admission made by a party in pleadings is substantive evidence against maker — A Clear, conscious and unequivocal admission ordinarily carries considerable evidentiary weight — At the same time, an admission is not invariably conclusive as...


Facts of the Case

P&H: Admission made by a party in pleadings is substantive evidence against the maker

The Punjab and Haryana High Court has dismissed an appeal by daughters who claimed a birthright in land they said was ancestral property in their father’s hands. Justice Deepak Gupta held that inheritance from a father, by itself, does not establish that property became coparcenary property in the son’s hands.

The daughters challenged a 2008 relinquishment deed executed by their father in favour of their brother and a 2010 sale deed transferring the property to a subsequent purchaser. They argued that the property was ancestral and that the deeds could not defeat their rights. Their father and other family members...

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