https://www.taxtmi.com/caselaws?id=71899 A memorandum recording a genuine partition of joint Hindu family lands was treated as effective despite being unregistered, because actual division by metes and bounds was legally prohibited under the fragmentation law. A partition of immovable joint family property may arise by agreement, and a later memorandum evidencing an already completed arrangement does not fail merely for want of registration. On the facts, the clear intention to separate and distribute sale proceeds in defined shares meant the revenue could not ignore the partition solely on registration grounds, and capital gains could not be assessed on the basis that the family continued to own the lands as an undivided unit. en-us Tue, 08 May 1984 00:00:00 +0530 Wed, 27 Apr 2011 17:39:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=71899 A memorandum recording a genuine partition of joint Hindu family lands was treated as effective despite being unregistered, because actual division by metes and bounds was legally prohibited under the fragmentation law. A partition of immovable joint family property may arise by agreement, and a later memorandum evidencing an already completed arrangement does not fail merely for want of registration. On the facts, the clear intention to separate and distribute sale proceeds in defined shares meant the revenue could not ignore the partition solely on registration grounds, and capital gains could not be assessed on the basis that the family continued to own the lands as an undivided unit. Case-Laws Income Tax Tue, 08 May 1984 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=71899