Oral partition of ancestral property

Querist : Anonymous (Querist) 06 August 2010 This query is : Resolved
Oral partition of ancestral property was made between two brothers about 60 years back. They were enjoying their respective shares of the ancestral property allotted to them. One of the brothers died about 35 years back. The surviving brother and the sons of the diseased brother entered into a partition list in 1991 citing the oral partition made and the properties allotted were listed in the partition list drafted by a senior advocate. The partition list is unregistered. About 8 years back the grandsons of the diseased brother have filed a suit against all other family members claiming their shares. Kindly illustrate with case details where the oral partition and the unregistered partition list as per which the elder members of the family were enjoying their respective properties is upheld by the courts.

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n.k.sarin (Expert) 06 August 2010
Mr Anonymous, oral partition is a valid one,if proved.As far as unregistered partition list is concerned,if the said list is a part of oral partition it is also valid, but now during the pendency of the suit all the property is a suit property till court's order.

Guest (Expert) 06 August 2010
YOU MAY KINDLY PRODUCE COPY OF THE SAID DOCUMENT IN THE COURT AND PROVE THE SAME IN THE COURT BY EXAMINING THE CONCERNED WITNESSES.DEFEND THE MATTER STRONGLY YOU WILL SUCCEED.
GOOD LUCK.

Uma parameswaran (Expert) 06 August 2010
As per my view Succession Act is not telling any thing about oral partition or the family arrangements.In your case oral partition is taken place years back and the brothers followed it with out interpretation till 1991 and a documentary validity has given with the presents of all the legal heirs on 1991.After 1991 with out interpretation every one followed and now one of the member could not question the validity of the partition after a long back and which is accepted by all legal heirs together.

Rajeev kulshreshtha (Expert) 06 August 2010
THE ORAL PARTITION IS VALID AND THE DOCUMENT WRITTEN IN 1991 IS ONLY THE MEMORANDUM WHICH WAS SETTLED YEARS BACK. ACCORDING TO LAW THE MEMORANDUM OF FAMILY ARRANGEMENT DOES NOT REQUIRES REGISTRATION. YOU CAN TAKE BENEFIT OF THAT DEED OF 1991.

s.subramanian (Expert) 06 August 2010
i concur with rajeev and add the following:- whenever a document records only a past transaction which has already taken place and completed,it does not require registration. it is treated in law as a memorandum of completed transaction. what you refer to is only a partition list which records a past oral partition that took place long ago and therefore it does not require registration in law.

Querist : Anonymous (Querist) 11 August 2010
Thnaks for all your expert opinion.

O. Mahalakshmi (Expert) 12 August 2010
oral partition is valid if it is proved through the Court of Law. Un-registered partition deed also valid if it is proved.

Oral partition of ancestral property

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