Judicial Dictionary - S
Judicial Dictionary
Legislative Dictionary
Separation of share from joint holding or tenancy
Category | S |
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Title | Separation of share from joint holding or tenancy |
Details | The term 'separation' is not a legal term like "amalgamation" or "subdivision"; it is not used in section 116 or 117, but nevertheless it denotes, in general sense, separation of a share from a joint-tenancy, and as such 'separation' necessarily means subdivision of a joint tenancy and falls under, and is governed by, clause (c) of section 117. Effect of separation of a share from the joint holding falls upon all co-sharers who, after separation, cease to be co-sharers of the original holding If
a record of right is changed by way of mutation in accordance with the
procedure provided in section 117(1)(c) of the State Acquisition and
Tenancy Act by a competent authority and if such mutation is effected by
payment of rent, then with such separation from a joint holding other
co-sharers ceased to be co-sharers. The effect of separation of a share
from the joint holding falls upon all co-sharers of the original
holding. It has been held by Appellate Division in Md. Khairullah Bhuiyan Vs. Hazi Nurul Alam Chowdhury, 35 DLR (AD) 338, Separation necessarily means sub-division of a joint tenancy and falls
under and is governed by clause (c) of section 117. "Effect of
separation of a share from the joint holding falls upon all the
co-sharers who, after separation, cease to be co-shares of the original
holding." A co-sharer after getting his share separated may get his
portion constituted into a new tenancy or he may tag this share with his
other land, if any, and if he does so, his case may be referred to as a
case of 'separation and amalgamation' for the sake of convenience,
though the two terms are quite different." Separation of jama of
sub-division of a holding or tenancy distributing rents, whether in
case of agricultural land or non-agricultural land takes place under
section 117(1)(c) of the State Acquisition and Tenancy Act. The original
co-sharers on such separation cease to be co-sharers.
See also owner, joint-owners, co-owner. |
Created On | April 20, 2014, 6:28 AM |
Hits | 413 |