2000 A I H C 3231

Gujarat High Court

Hon'ble Judge(s): H. K. Rathod , J

Bombay Prevention of Fragmentation and Consolidation of Holdings Act (62 of 1947) , S.8— Family arrangement - Whether fragmentation and violative of S. 8 of Act - Mutation of land in name of family members in Revenue Records by family arrangement - Without affecting actual partition by metes and bounds - Property undivided and unpartitioned - Does not amount to fragmentation nor violating S. 8 of Act. In the present case, the shares of family members in the land in question had been determined but actually division of the land had not come into effect and land remains undivided and unpartitioned. By making entry in the revenue record in favour of family members by determining the particular share of each family member in their favour without actual division by metes and bound the land remained undivided and unpartitioned. Merely entering the names of family members and mentioning their share in their favour of the land in question does not amount to fragments and it also does not amount to violate Section 8 of the Act. Only a share has been determined between the family members by making some family arrangement between them which does not amount to actual division of land by metes and bounds which would attract the provisions of the Act. (Para 8) .....