Coparcener Can Orally Relinquish Ancestral Property Rights Without Registered Deed: Bombay HC
Case Title: Shekhar Shankar Joshi v. Anita Arun Bhave
Case No.: Second Appeal No.679 of 2023
Coram: Justice Sandeep V. Marne
Court Observation
“Such relinquishment or abandonment can be done even orally by expressing an intention of doing so. This however would be restricted only to relinquishment or abandonment of right to claim a share in the joint family properties and would have no application in respect of share in self-acquired property through intestate succession,”
“… oral relinquishment cannot be presumed merely on the basis of affidavit effected for the purpose of deletion of name of the Plaintiff from the revenue records. Mere consent… does not mean that she intended to effect relinquishment,”
“Mere expression of consent for allotment of share in the ancestral property in favour of one of the coparceners forming part of different unit does not automatically amount to expression of relinquishment of share in the joint family property falling to the share of claimant’s own unit.”
Coparcener Can Orally Relinquish Ancestral Property Rights Without Registered Deed: Bombay HC
