AIR 1983 BOMBAY 436 ::1983 Mah LJ 1014

Bombay High Court

Hon'ble Judge(s): Puranik , J

Maharashtra Agricultural Lands (Ceiling on Holdings) Act (27 of 1961) , S.12, S.13, S.14, S.15, S.16, S.17, S.18, S.19, S.20, S.21— Determination of surplus land - Joint Hindu Family - Partition Partition deed not registered - Mutation entries effected in pursuance of partition before coming into force of Amendment Act 1972 - Partition cannot be ignored on ground that deed of partnership is not registered - Assessment of holdings has to be done according to partition. (Hindu Law - Partition. Registration Act (16 of 1908) , S.17— Under Hindu Law Members of the joint family can effect a partition of their holdings either by an oral arrangement or by an unregistered partition deed. Once a partition by metes and bounds is effected and the separate shares are placed in separate possession of the sharers, the status of the Joint Hindu Family is ruptured and the sharers become the exclusive owners of their respective properties.(Para 3) Where the perepatrak showed that the mutation of entries were effected in pursuance of the partition between the members of Hindu Joint Family and the mutation was effected before the coming into force of the Amending Act (1972), the non-registration of partition deed was of no avail to ceiling Authority. The partition had to be accepted as valid and proper and the assessment of the hold....