oral partition

ganesh (Querist) 19 January 2011 This query is : Resolved
whether oral partition is valid in the eye of law? if not please give some judgements

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Kirti Kar Tripathi (Expert) 20 January 2011
For partition only intension of partition to partition property is sufficient but since oral partition do not have any proof of intention unless it is given effect to, it is difficult to prove partition. However, in case, parties acted on the basis of oral partition, it is valid.

s.subramanian (Expert) 20 January 2011
Oral partition is valid and has legal recognition.

a.manoharan (Expert) 20 January 2011
Oral partition is valid and has legal effect unless and until it is disproved. In litigation, it is difficult to prove usually. Only due to that , for reducing into write, some times Un-registered Memorandum of Partition is executed . But, here another interesting question is 'Is Memorandum of Partition valid as per Registration Act as it is one of the compulsorily registrable documents? But, i hope that SC upheld that it is also valid, if it is just like voucher. AM I RIGHT? Please discuss further regarding to this.

Amit Minocha (Expert) 20 January 2011
till the time the parties donot back out oral partition is fine , the problem would com if any of the parties back out or the future generation challenges the same.

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