JUDGMENT :

SANJAY K. AGRAWAL, J.

1. This second appeal preferred by the appellants/LRs. of original plaintiff was admitted for hearing on 15.01.2015 by formulating the following two substantial questions of law:

“(i) Whether even in the admitted pleading the self acquired property can be relinquished in favour of another by virtue of Section 173 of C.G. Land Revenue Code even if beneficiary do not have share in it?

(ii) Whether as against the provisions of Transfer of Property Act the immovable property can be transferred?”

The parties will hereinafter be referred to as per their status given and ranking shown in the plaint before the trial Court.

2. Original plaintiff as well as defendant No. 2 both are sons of defendant No. 1 namely Gambhira, who out of his free will and desire, executed relinquishment deed dated 29.07.1985 (Ex.P/1 and Ex.D/9) in favour of his son/defendant No. 2 thereby, relinquished the suit property shown in Schedule ‘A’ and ‘B’ annexed with the plaint in his favour and got it registered in accordance with the provisions of Indian Registration Act, 1908. Plain