Hindu Law -- Joint Family Property - Relinquishment of share by coparcener in joint family property does not amount to transfer of property - Document in writing is not necessary nor requires registration. (Transfer of Property Act, S.5 & Indian Registration Act, S.17)...........
Specific Relief Act, 1963, Section 12 -- sub-section (3) - Relinquishment of claim to any part of property in suit in terms of the section - Can be made by plaintiff at any stage of litigation - Open to person bringing suit for specific performance to relinquish claim at any time before the suit is finally decided by the Court...........
Punjab Tenancy Act, 1887, Section 38 -- Abandonment - Onus to prove - Rests heavily on the person who alleges the same- Overt act must be established from which inference or suggestion of abandonment can be made - Mere inactivity or a passive attitude of a person - Cannot be interpreted as an act of abandonment - Intentional and voluntary relinquishment of right for good..........
