Judicial Dictionary - S

Judicial Dictionary


Legislative Dictionary


Separation of share from joint holding or tenancy

Share |

CategoryS
TitleSeparation 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 

( Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others, 1982, 11 CLC (AD) [7068] ) 

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 Chowdhury35 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. 

( Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD) [5422] ) 

See also ownerjoint-ownersco-owner.   

Created OnApril 20, 2014, 6:28 AM
Hits413