Law:

Section:

Transfer of Property Act, 1882 (IV of 1882)-- ----S. 52--Civil Procedure Code (V of 1908), O.XX, Rr. 13 & 18--Suit for partition and administration--Disputed property was purchased by the deceased in, his name--No point of time till the demise of the deceased owner, late husband was the owner of the property in-question--Statement of deceased owner allegedly relinquishing his right in the property in favour of late husband of the defendant admittedly purchased the property after selling his two properties in another city, in his own name, and till his death he used the property as owner--Late husband was the real owner of the property and (deceased owner) was benamidar owner--Acknowledgement of expenses incurred by him in development of the property he became owner of the same on the declaration of the deceased relinquishing his right in the property--Validity--Held: Section 52 Transfer of Property Act, required that right in case of tangible immovable property of the value of Rs.100 or more could be transferred only by a registered instrument--Value of property, in-question admittedly was more than Rs.100 and deceased had not transferred his right in the property in-question by executing registered instrument in this regard--Right in a property could be relinquished by a party if the deceased was owner of the property then the plea of defendant that deceased was the ostensible owner of the property and the real owner of the property was defendant's late husband would fall to ground--Some amount had been contributed by deceased which was his moral and legal obligation to help his father and family members to have better environment and accommodation, the same could not make the defendant husband as owner of the property--High Court, decreed the suit as prayed and final decree for sale of the property was ordered to be prepared, as properly could not be partitioned according to respective shares of the parties--Official Assignee was also directed to sell the property by inviting public offers--Parties, however, could participate in the auction to be held by Official Assignee/Receiver. [Pp. 242 & 243] A, B, D & E 2001 SCMR 1700; 1999 CLC 454; 1991 MLD…

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