नायर सर्विस सोसाइटी बनाम के.सी. अलेक्जेंडर
| Citation | AIR 1968 SC 1165 |
| Court | Supreme Court of India |
| Date | 18 March 1968 |
| Year | 1968 |
| Bench | K.N. Wanchoo CJI, J.C. Shah, V. Ramaswami JJ. |
| Acts/Articles | Hindu Succession Act, Transfer of Property Act, Registration Act Section 17 |
| Category | Property & Land Law |
Key Principle Established
Partition of joint family property does not require registration if effected by metes and bounds. Oral partition is valid for ancestral property.
The validity of partition of joint family property without a registered partition deed was challenged.
The Court held that partition is not a “transfer” of property but a recognition of pre-existing rights. Each coparcener has an antecedent title to his share. Therefore, partition — even by metes and bounds — does not require registration. An oral partition followed by actual division of property is valid and enforceable.
This judgment is fundamental to Hindu joint family property disputes and is cited in every partition case. It validates the widespread practice of oral partition in rural Haryana and Punjab.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.