Oral agreement is valid and partition suit is barred by limitation and further your father title is strong by adverse possession if partition questioned.
Oral agreement can be prove by possession.
Agriculture land re-partition
Dear Sir/Madam, I am the resident of Ahmednagar Rural part. We had an total agricultural land of 7 acres, which was partitioned equally 3.5 Acres each in between my father and my uncle with mutual consent since 60 years ago, but the said partition is not recorded in any type of legal authorized document. Now, because of this unrecorded consent, my uncle has raised the issue in a legal court regarding authentication/privilege partition of agricultural land. He is the Petitioner in this case and now he is raising objections regarding our part of share of agricultural land they have said in his petition that we have got the privileged land which will be going in land acqusition of NHAI project in coming future. Due to this land acquisition by NHAI , 'our land' means my father's maximum land share would be most nearer to upcoming highway and we will be the most benefactor. Due to this, upcoming future monetary benefits ,now he and his son wants repartition of this said agricultural land so that they also will be the equal benefactor of the NHAI project. Now my questions are:- 1) Since 60 years, my father is totally dependent for livelihood on the our share of 3.5 acres of agricultural land and we have developed this land to a fertile land also we have took care of this land for a long period without getting any help from others or from my uncle, how can we at this stage, after 60 years of long period to be made for repartition? 2) Is it possible that the unrecorded partition of agricultural land which was done since 60 years ago is to be made legally binding to both the parties ? 3) What will be the court decision in this matter in future because we as a respondent are not ready for this repartition ? 4) Any Court case references available, please quote. Please give your valuable suggesstions in this regard.
Asked 6 years ago in Property Law
Religion: Hindu
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6 Answers
an oral agreement is enforceable in the court of law.
As per Judgement the time limit for filling a partition suit is only 12 years asper Limitation Act.
You have to prove oral partition was done between father and uncle by testimony of witnesses
2) if mutation done on basis of oral partition it would be valid and binding on parties
3) if you are unable to prove oral partition Uncle would have equal rights in land in father possession
You need to prove the same in the court that the said partition was valid and was active between them since long. He needs to proved that they never challenged the said partition all these years
1. See you can contest the suit of uncle based on the oral partition if there is proof of possession from 60 years present same before the court.
2. See court may if the proof of such partition or witness is present before the court.
3. Court shall decide based on facts and circumstances available on record.
1. The oral parition and possession and enjoyment of both the shareholders shall prevail hence the new suit seeking re-partition will not be maintainable that too after 60 years.
Your father should prove the oral partition.
2. The oral parition is legally valid hence his suit may not be maintainable, you may have to prove the oral parition by producing documentary evidences for your possession and enjoyment ever since the oral partition.
3. You have to fight it out strongly and get the case dismissed.
4. The citations may be downloaded from internet or your advocate will be able to procure one.
