Upgrad LLM

joint property


sir 

i have land about 4 acres that is registred in my name on 1969 that time my age is 27. and other lands are purchased my 3 elder brothers wife name jointly registred  those 2 land are purchased by father . now on 1989 we are made a partition between our father and 4 brotther on father named property and also 4 acre land which is on my name and the other land which is  my 3 elder brothers wife name jointly. all property are divided in 4 shares mention on that parttion we 4 brother and father and wellwishers are signed on that parttion.

now when our father alive my elder brothers are sold that land which is on his wifes name and that time i asked for my share they said u dont take share from this land bcos u have 4 acres land u sold that we are not demand on said land which is in your name .then i silence as per commitment of them.

now after some year i sold that land on 2007. now they demand to me that u have to give share to us which u sold otherwise we cant give your share which is on fathers named property.i am younger of them now thay torture to me.now  my father and mother both expired .iam stayin 50 kms distance from my village.  can i file a partition suit on my father named property only or that oral partition on plain paper  is valid as per law.

 
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FIN

 

>>> You have pointed to past Oral partition. It is not completed.

You have pointed to past signed document (probably MOU) of Oral partition. It is not registered. It (transaction of Oral Partition reduced in writing on paper) is not completed.

Oral partition is believed as valid if proved.

Unregistered partition deed is believed as if it is proved. There is a signed document and witnessed also but the transaction is not completed.

The land has not been divided. The part of the land sold by owners of the land (prior to Oral Partition and MOU and not by all subsequent to Oral Partition and MOU) and proceeds are not shared as per to Oral Partition and MOU.

Do you have any idea that what evidence wives of your brothers (and your brothers and their witnesses) shall adduce that the proceeds/considerations were shared with you, and your parents? OR you were party to sale and collection of your share from consideration?

If they can adduce the irrefutable evidence, then it is upto court to accept or decline.

If they can adduce the irrefutable evidence, and is accepted by court then you are at loss.

 

 

 

>>> You need to establish that other signatories to the Oral partition, MOU {(wives of your brothers), (and your brothers) (and your parents) (and their witnesses)} never divided the land and consideration.

The question arises whether your Parents also collected any share from consideration from land previously in the names of wives of your brothers?

Do you have any idea that what evidence wives of your brothers (and your brothers and their witnesses) shall adduce that the proceeds/considerations were shared with your Parents?

 

 

 

>>> If the land remained undivided despite Oral partition, MOU then wives of your brothers sold their land and shared nothing with you, your parents. Your parents have deceased now.

You have sold your land, since one party backtracked from Oral partition, MOU.

You have share in land in the name of your parents as per personal law that applies in instant case e.g; Hindu Succession laws……………

 

If you are Hindu then you have equal share being ClassI legal heir of your father, mother.

 

You may confirm if you are Hindu?

 

 

 

>>> You may obtain the certified copy from SRO, patwaari of sale deed (of land that belonged to wives of your brothers), mutation records and ascertain who signed the sale deed and whether MOU was inserted/annexed/mentioned to it?

 

>>> If you are Hindu then you then you may go thru:

Section 6(5) in The Hindu Succession Act, 1956

 

Central Government Act

Section 6 in The Hindu Succession Act, 1956

https://indiankanoon.org/doc/1883337/

 

The Act was amended by Act 39 of 2005 and a new section 6 was substituted. Sub-section (5) of section 6 and the Explanation thereto read thus: “(5) Nothing contained in this section shall apply to a partition, which has been effected before the 20 th day of December, 2004. Explanation.- For the purposes of this section, “partition” means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court.” The Explanation defines “partition” as any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 or partition effected by a decree of court. This definition of “partition” does not include oral partition and family arrangement.

 

 

You may also go thru the Law commissions report:

 

http://lawcommissionofindia.nic.in/reports/report208.pdf

Oral partition must have legal sanctity

http://www.thehindu.com/todays-paper/tp-national/oral-partition-must-have-legal-sanctity/article1288577.ece

 

Hindu Succession (Amendment) Act, 2005; The ‘Explanation’ under Section 6 (5) says: “For purposes of this Section, ‘partition’ means any partition made by execution of a deed of partition duly registered under the Registration Act or partition effected by a decree of a court.”

http://www.hrln.org/admin/issue/subpdf/HSA_Amendment_2005.pdf

 

It is not clear law commission’s report was accepted and notified or not?

You may check on it.

Other readers/experts/members are requested to confirm on it.

 

 

 

>>> Apparently the said Oral partition, MOU was never submitted to court to effect mutation.

 

 

>>> The game seems to be to put you at loss.

 

And/or make you approach authority/court.

Once again the question arises what do you have to approach the court; Original MOU?

Should you put Original MOU before court?

Will your brothers put Original MOU before court?

You may go thru:

 

SECOND APPEAL No.1383 of 2004

Maturi Rangaiah

 Vs. 

Mutyala Venkata Lakshamma (died) and oth

 

http://judis.nic.in/judis_andhra/content.asp

 

 

 

 

>>> You may submit the death certificate of your father and mother, legal heir certificate/affidavit whatever is accepted and required to record inheritance in mutation records and obtain certified copy.

 

You may consider injunction on sale of the land owned by your father and mother.

 

 

 

>>> You have posted that you are about 50Kms away from location where land is situated.

Keep in touch with Revenue authorities’ local person and remain well informed!

 

Finally you may ASAP consult a very able counsel specializing in revenue/property/civil matters before you act on your own, with all docs and inputs on record.

Your able counsel that has examined everything can opine on options, remedies, merits and can advise you the best.

 

 



Attached File : 60926 20160814152335 914275098 oral partition valid or not.docx downloaded 64 times
 
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if i go to court to file a parttition suit on my father names property, now that 4 acres land registred in my self name .i am the sole owner there of.as per oral partition if i go to court can court accept it and my land sale proceed can divided by court among our brothers. 

 
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FIN

Generically speaking:

If Oral Partittion is valid,to be completed then one and all in the said MOU/document should be included.

If If Oral Partittion is not completed and is not accepted then it should not be.

 

Have you consulted a very able counsel specializing in revenue/property/family/civiul matters?

 

What is opinion of your own counsel?

If you are not satisfied with your counsel prefer second opinion and show one and all docs on record, for a considered opinion.

 

Do you have any irrefutable  evidence ( audio/visual/witnessed by unshakable witnesses) of threats?

 

 

 

 

 

 
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FIN

The author has initiated many threads.

Readers/members/experts may  go thru these e.g;

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=140877&offset=1

 

 
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