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What is the validity of oral partition
23-Jul-2023 (In Family Law)
My grand father had two wives. One son for first wife and three sons for second wife. In 1970's my grandfather orally distributed all his properties among his four sons and kept some property himself. After that all sons has obtained pattadhar pass book and title deed for their share of land. All his sons except first son of second wife(my father), sold away individually a part of their share. Now second son of second wife has filed suit demanding for partition, stating that no partition took place between us and we were are all jointly enjoying the property.what can i do now. will this stand
if the title in the property has not passed by means of a registered document, it can be challenged. As others have sold away by whatever means, the share of your father remained unsold and this becomes a good ground for litigation. You have no other alternative but to Contest the Case. Next, obtain all the sale documents of other brothers and gather all documents as evidence to support your case.
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Hi
The mutations in pattadhar passbook itself is a proof of oral partition which is valid in eyes of law.
more so the partition has happened in the year 1970 and now it cannot be reopened.
if the property was allocated to your father and the same has been mutated in government records, the second son of second wife cannot challenge it now.
so no worries.
The mutations in pattadhar passbook itself is a proof of oral partition which is valid in eyes of law.
more so the partition has happened in the year 1970 and now it cannot be reopened.
if the property was allocated to your father and the same has been mutated in government records, the second son of second wife cannot challenge it now.
so no worries.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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HI,
no it will not stand. oral partition by your grand father taken place in 1970 and it was effectively implemented by his sons
by way of pattadar passboks and title deeds.
some of them already sold their respective shares also.
now it is on second son to dis prove all these transactions if he says he is not having knowledge.
burden of proof lies on him to prove the case but law will consider the oral partition.
no it will not stand. oral partition by your grand father taken place in 1970 and it was effectively implemented by his sons
by way of pattadar passboks and title deeds.
some of them already sold their respective shares also.
now it is on second son to dis prove all these transactions if he says he is not having knowledge.
burden of proof lies on him to prove the case but law will consider the oral partition.
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Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
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Hi
With the limited information I may not be able to answer your query completely,according to the information provided by u thou the partition was oral, all the sons have taken the possession of the property and are enjoying the same. So they must be able to prove it. If they can do so you will definitely win the case
With the limited information I may not be able to answer your query completely,according to the information provided by u thou the partition was oral, all the sons have taken the possession of the property and are enjoying the same. So they must be able to prove it. If they can do so you will definitely win the case
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Adv. Shalini Junjur
Hyderabad | 25+ Answers
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