Procedure of partition and enforcing oral partition


Property in question located in several areas in one city. In one such area maukhik ghar batwaara (oral partition) was carried out and effected between my father and his brother in 1984. After several years my father’s brother expired (2001). His surviving family and my father continued to enjoy the ghar batwaara arrangements till 2007.At this year they conveyed that the ghar bat waara between their father and my father is not acceptable to them. Our reply was Not accepting this is out of question. So the ghar batwaara staus here remains as was done between the brothers (my father and his brother), yes the partition of the remaining area, can be done. Now they are not agreeing to this, The entire property including the one where ghar batwaara was effected is in joint names in revenue records (kaha khtauni). Please tell us ways and means to legally enforce the maukhik ghar batwaara. And keeping this ghar batwaara as it is, how to partition the remaining property.

Answers (1)


219 votes

We can think of filing a suit for partition and cab get the properties partitioned on the basis of the oral settlement arrived between the parties previously. There are judgments of the supreme court supporting this


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