Transfer of Property Act (IX of 1882), Section 9 - Indian Registration Act (XVI of 1908), Section 17--Extinguishment of interest in Immovable property whether can be made orally--Oral relinquishment by mother of her interest in Hindu joint family property exceeding Rs. 100 in value whether valid and effective.
A mere extinguishment of an interest in Immovable property is not required to be in writing and may be made orally.
The relinquishment, therefore, by the mother of her interest in Hindu joint family property, when the property consists of immovable property and the value of her share therein exceeds Rs. 100, can be effected without a written instrument, though if one is executed, it would require registration under Section 17 of the Registration Act, 1908.
Bombay High Court
Ramdas Chimna vs Pralhad Deorao And Ors. on 13 March, 1964
Equivalent citations: AIR 1965 Bom 74, (1964) 66 BOMLR 499, ILR 1964 Bom 702
Bench: Kantawala
