Oral relinquishment? Ancestral vs self-acquired land
In a recent case heard by the Bombay High Court, the court ruled that oral relinquishment of a coparcener's share in ancestral (joint family) property is valid, even if not registered. This means that if a sister wishes to transfer her share in the ancestral property to her brother, an oral relinquishment by the sister is enough.
The Bombay High Court held that oral relinquishment cannot be presumed solely based on a document created to delete a name from revenue records. In the case, the sister's relinquishment was successfully protected despite her brother's objections, leading to the partition of the property where she received 1/3rd share and her brother received 2/3rd.
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