In 2009 my father (W) and other three members (X,Y, Z) had a possession of a land by the court. In 2011 they had a oral partition of the land (A, B, C, D at the front road and E,F,G,H at the back side), where each members had got two portions. W got D&E, X got B&G, Y got A&H, Z got C&F. They created a property map, showing everyone’s share as per the oral partition, everyone signed the map. In 2012, my father (W) bought an adjoint land (J) in between D&E, sold by the other three members (X, Y, Z). On the above mentioned registered sale deed they (w, x, y, z) have mentioned individual shares and accepted the partitions as per the above mentioned oral partition, also everyone has accepted and attached the partition map of the plot they made. Currently, all the four members has built a house on A,B,C,D area, as per the oral partition. And Y has built a boundary on his second land (H). Now when my father was about to built a boundary on his second share E. Y has shown his objection and filed a partition suit, saying E,F,G,H was never partitioned and he is demanding E. Also, he is denying the fact that he has built boundary on his second land H. Now in this circumstances, where there is no partition deed, except few circumstantial evidence, such as agreement of their share in sale deed, signed and agreed the map, everyone built houses on A,B,C,D areas as per the map and oral partition. Can my father (W) claim his share on E? What’s the chance of acceptance of the oral partition and denial of further partition by the court? My father has received a notice for the injunction on partition suit case and he is going to appear to the court tomorrow. I’ll update the case details tomorrow. Thanks in advance.
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1) oral family settlements, including oral partition are permissible and legally valid modes of effecting division of joint family properties. ... The ultimate aim should be to protect family members from perpetual strife which mar the unity of the family.
2) you can rely upon the partition map signed by parties to prove oral partition was done
3) court should accept oral petition has taken place
4’) you should seek time to file detailed reply
@Ajay Sethi, Thanks for your reply. if I understood you correctly, an oral partition is valid only for family matters?
Oral partition is valid for division of property
it is valid in your case
1. Oral partition is valid and it does not make any difference whether the co sharers are family members or not.
2. Now if any of the co sharers have refused to make partition by metes and bounds then any of you have the option of filing a partition suit in the civil court.
3. In the partition suit the parties are at liberty to take the plea of terms of oral partition.
The plot was partitioned in view of the family arrangement and hence it is binding upon all the stakeholders. They cannot renege on the agreement. That is illegal. Produce the property map along with their signatures on it.
Yes it is true that oral partition took place but there are signatures too and money exchanged hands in that deal. How did they come into possession is also a point to be put before the court.
It's difficult as there is no documentation but witness testimony can be relief upon
Sale deed is valid proof of their acceptance of oral partition. Click the pics of boundary on his second land H and submit in court along with copy of sale deed and request court to initiate prosecution against him for submitting false information in court to obtain favorable order by playing fraud on court.
Oral partition is valid for all purpose.
Under the provisions of Hindu Law, oral family settlements, including oral partition are permissible and legally valid .
1. Oral partition is valid if done with in family and it is also accepted in court as evidence.
2. Your father can produce the agreement and map in which all the members signed for consent.
The oral partition is very much valid especially when the shareholders have drawn the map after oral partition by demarcating their share of property and also have transferred their names to their respective share in the property and also you have reported that they have constructed some structures over their share of property.
The suit filed by the other person claiming partition may not be maintainable since oral partition had already been done and the shareholders have taken possession and are enjoying their share of property uninterruptedly ever since the reported oral partition.
The oral partition is very much valid.
Even oral settlement and partition is deemed to be a valid proposition which is corroborated by the lawfully done mutation entries in the record of rights and as well by the law of prescription the partition done cannot be struck down.