After the death of their father, 3 brothers entered into an oral partition agreement related to their ancestral property which included a shop and a piece of land self-acquired by their father.
They lived as per the oral partition agreement enjoying their shares of all ancestral properties. After the death of first 2 brothers, the sons of 2nd brother and the lone survival brother (3rd brother), drafted a partition list in 1991 as per the oral agreement under the guidance of a senior advocate to have a written document of the earlier oral partition made. This is a non-registered document.
In 2002 the grandsons of one of the brothers filed a suit against their father and Uncles and the surviving brother of their grandfather and his sons , petitioning that only some understanding was there in respect of partition of shops and house and no partition was made of the land and requested the court to grant them their share of the land property.
The munisif court where the case was filed dismissed the case in 2011 on the plea that the partition claim was made only in respect of only 1 ancestral property cannot be sustained and also expressed the view that oral partition deed supported by the written partition deed later on could not be given weightage.
The petitioners appealed against the court judgment which also dismissed their appeal in 2012 and gave full credit to the partition deed made by a senior advocate based on the oral partition executed in the past.
Again the petitioners appealed in the high court against the judgment of the lower courts of the case in 2012. The case is still sub judicious.
The last surviving brother of the grandfather of the petitioners expired in Jan 2014. Now the petitioners approach the sons of the brother of their grandfather and are trying for out of court settlement expecting some benefits in the form of more allotment of the land property in addition to what has already been started in the oral agreement.
Under these conditions kindly specify the safe conditions under which out of court settlement can be reached without giving any possibility for further legal suits in the courts.
