• Oral partition and copies of original documents

My Great Grandfather had two sons and had 26 acres of land out of which approximately an acre of land is adjoined to state express highway. 11 cents were given to elder son and the rest 89 cents were given to younger son. Now, both the sons died and their heirs are the owners of the above said property. 
My father is a son of elder son of my Great grand father. When I asked my father as to how we got only 11 cents on the highway when we actually should have got 50 cents, he said it was partitioned like that and the important point to note that there wasn’t any registered partition deed or a will or any document which states 11 cents to elder one and 89 cents to younger one. I came to know that ‘Oral Partition’ was done.

My question is that in an Oral Partition will there be a document that states the division of the property? If the other party has it how to get it legally? 

Younger son’s son was sub-divided the survey numbers in 1970 without the consent of elder son’s sons and got a certificate from the revenue department stating the survey numbers with sub letters, the extent of property under that numbers on his name. He has got the pattadar passbook with those survey numbers with sub letters. 

Is it legal to ask Revenue department to share the relevant documents based on which the survey sub division was made?

The original documents of the 26-acre land are with younger son descendants. When I ask them to share the copies they denied.  I asked them to share at least the document numbers to get copies from Registration department however they are reluctant to provide. The practical hurdle in getting the copies from registration department is most of the documents were registered from 1904 to 1929. Hence it is highly time consuming to get the copies searched. 

Are we not entitled to at least copies of the originals from the other party? How to get the copies legally from them?
Asked 3 years ago in Property Law from Tirupati, Andhra Pradesh
Religion: Hindu
Hi, You can apply for Encumbrance Certificate of the property in the Sub Register then you will get the registration details of the documents and thereafter you can apply for certified copy of the sale deed/ partition deed or what ever documents.

2. The oral partition was valid provided the parties in the partition are acted upon  as per oral partition  suppose the revenue records has been change as  per the oral partition then the oral partition is valid.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1. Well, though oral partition is as valid as a written partition, due to absence of written proof it often gives rise to future dispute and complications hence people favour a written one.

2. in your case since there is oral partition you can dispute the same and ask for partition in equal share without admitting the oral partition at all and hence you can file a suit for partition in a local civil court.

3. in the same suit you can challenge the subdivision of properties and cancellation of the same.

4. if the documents you are talking about are registered one then apply for its certified copy which will be required in your partition suit.
Devajyoti Barman
Advocate, Kolkata
13161 Answers
175 Consultations

5.0 on 5.0

1) memorandum would be executed recording the oral partition of land 

2)it need not be stamped and registered

3)you can take search of the records in sub regsitrar office . 

4) you can issue legal notice to younger brother descendants to furnish  copies of the originals 

5) if they fail to do so move court and obtain court  directions in this regard .

6) court will direct to furnish copies as your grand father also had share in those lands 
Ajay Sethi
Advocate, Mumbai
46832 Answers
2769 Consultations

5.0 on 5.0

A. Oral partition has a legal validity, but it is very difficult to prove before the court of law. However, it can be challenged before the Court on the basis of injustice happen.

B. What is the nature of property of your great grandfather? Is it Self Acquired or Ancestral or Joint family property?

C. Your father can file a suit for partition before the court on the basis of the partition was injustice and not equally distributed.

D. Once you filed the case before the court for a partition that you can file an application for production of all required documents from your younger son descendants and this copy can be obtained from the Sub registrar office if it is registered. If you don't know the document registration number, apply the EC and get the same transaction numbers.
B.T. Ravi
Advocate, Bangalore
838 Answers
58 Consultations

5.0 on 5.0

1. You are entitled to the certified copies of the documents of title of your ancester,

2. Apply for the same in proper way,

3. The partition was conducted by your grandfather around 30 years back and any document, if available of that old period which went unchallenged uptill now, is considered genuine  by the Court,

4. The younger son's descendent has recorded the said partition by changing the survey no. for his share of the property,

5. You can apply for the documents he had submitted for changing the said Survey number and making the partition book from where you can acsertain his basis for the claim of his share of the property,

6. If you do not find any loophole in the documents or in the process, do not venture for unnecessary court cases which will be expensive and time wasting. 
Krishna Kishore Ganguly
Advocate, Kolkata
18785 Answers
454 Consultations

5.0 on 5.0

1. Unless the partition was documented it is deemed as if no partition ever took place. In the absence of a deed of partition the land continues to be undivided.

2. When the land is so undivided both the sons of your great grand father have an equal share therein. Your father can move to court and file a suit for partition to cull out his equal share in the land.

3. The certified copies of the original title deed of the land can be obtained from the office of the local registrar. 

4. Obtaining the copies from the office of registrar is always an uphill task as the documents lie in shambles in the registrar office, but with persistent efforts you can taste success. You may also file a RTI to revenue department to get the documents. 

5. Forget about your entitlement. The ground reality is that the other party will not share the original documents with you.
Ashish Davessar
Advocate, Jaipur
23156 Answers
641 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer