Whether oral relinquishment of self acquired property is valid?

There is plaintiff's own admission that the suit property was self-acquired property of Pithuji. Since it was self-acquired property of Pithuji it was certainly not a joint family property. If it was not a joint family property, Pithuji could not relinquish/surrender the property in favour of the plaintiff and defendant No. 2 without registered instrument at all. The law is well settled that a co-parcener or a sharer in joint family property can surrender his share orally at the time of partition. In a decision cited by the leaned counsel for the appellant, reported in 1964 Mh.L.J.736 (Ramdas Chimna v. Pralhadj Deorao), it is held that oral relinquishment of share in a joint family property is valid. As; said earlier, the plaintiff's case is of oral surrender and that too of self-acquired property. Such alleged surrender, if any, of self acquired property was therefore invalid and Pithuji continued to be the owner and no title under the alleged surrender ever vested in the plaintiff or defendant No. 2.

“If an immovable property is the self acquired property then it can be transferred only by way of registered instrument and cannot be transferred by oral agreement but if it is a joint family property then the co-sharer can surrender/relinquish his share orally at the time of partition.”

Bombay High Court

Shri Gangadhar Pandhari Harde vs Uttam S/O Pandhari Harde And ... on 14 January, 2008

Equivalent citations: 2008 (2) BomCR 1, 2008 (110) Bom L R 489, 2008 (2) MhLj 334

Bench: C Pangarkar

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Whether co-sharer of joint family property can surrender/relinquish his share orally at the time of partition?

if the suit property was self-acquired property and not the joint family property it could not be relinquished/surrendered without registered instrument - A co-parcener or a sharer in joint family property can surrender his share orally at the time of partition - Oral relinquishment of share in a joint family property is valid - In the present case, since the oral relinquishment was of a self acquired property, it was invalid and the grandfather of the Plaintiff continued to be the owner and no title under the alleged surrender ever vested in the Plaintiff or Defendant No. 2 - On the death of the owner the property devolved on the father of the Plaintiff and acquired the status of joint family property - Partition deed effected of the said property is hence valid and conclusive as to the shares allotted to everyone including the Plaintiff - Further, the suit filed against the said partition was also dismissed and hence the present suit filed by Plaintiff is barred by the principle of res-judicata - No error committed by Courts below - Appeal dismissed

“If an immovable property is the self acquired property then it can be transferred only by way of registered instrument and cannot be transferred by oral agreement but if it is a joint family property then the co-sharer can surrender/relinquish his share orally at the time of partition.”

Bombay High Court

Shri Gangadhar Pandhari Harde vs Uttam S/O Pandhari Harde And ... on 14 January, 2008

Equivalent citations: 2008 (2) BomCR 1, 2008 (110) Bom L R 489, 2008 (2) MhLj 334, 2008(3)ALLMR152,

Bench: C Pangarkar

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