AIR 1951 BOMBAY 94 ::53 Bom L R 325

Bombay High Court

Hon'ble Judge(s): Bhagwati, Chainani , JJ

Bombay Hindu Women's Right to Property (Extension to Agricultural Land) Act (17 of 1942) , S.2 Proviso— Transfer - Partition is transfer. Transfer of Property Act (4 of 1882) , S.5— The definition of "transfer of property" contained in S. 5, T. P. Act, is to be taken as the definition of "transfer of property" for the purposes of determining what is a transfer within the meaning of the term as used in the Proviso to S. 2 of the Bom. Act xvii [17] of 1942.(Para 2) A partition by metes and bounds between the members of a joint Hindu family amounts to a transfer within the meaning of S. 5, T. P. Act. Hence, it is also a transfer within the meaning of S. 2, proviso, of the Bom. Act xvii [17] of 1942 : 49 C. W. N. 779 and a. i. R. (33) 1946 Cal. 129, Dissent; Case law refd.(Para 4) Anno. T. P. Act, S. 5, N. 4.