An oral family arrangement does not require registration
Citation
CDJ 1965 SC 101
Tek Bahadur Bhujil vs Debi singh Bhujil and others
Head note
Civil Procedure Code, 1908 – Order 8 Rule 2, Section 5 – Registration Act, 1908 - Section 17 – Transfer of Property Act (4 of 1882) - Section 5 – Validity of Order – Respondent No. 1 instituted suit for partition of his half-share in property and for separate possession of his such half-share by metes and bounds – Trial Court decreed suit – Appellant preferred appeal and appeal was dismissed – High Court rejected petition.
Court held – agreement does not recognize that any of brothers had sole and absolute title to any of properties dealt with by them – Recitals in document indicate that three brothers considered property to be joint property of all of them – Fact that in present proceedings evidence shows that landed property was purchased from moneys of mother does not affect nature of the arrangement arrived at between three brothers – Appeal dismissed.
(Para: 15)
Cases Referred:
AIR 1955 SC 481 (V 42) :1955-1 SCR 22, Sahu Madho Das v. Mukand Ram
Comparative Citation:
1966 AIR(SC) 292,
(Larger Bench)
Court held – agreement does not recognize that any of brothers had sole and absolute title to any of properties dealt with by them – Recitals in document indicate that three brothers considered property to be joint property of all of them – Fact that in present proceedings evidence shows that landed property was purchased from moneys of mother does not affect nature of the arrangement arrived at between three brothers – Appeal dismissed.
(Para: 15)
Cases Referred:
AIR 1955 SC 481 (V 42) :1955-1 SCR 22, Sahu Madho Das v. Mukand Ram
Comparative Citation:
1966 AIR(SC) 292,
(Larger Bench)
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