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Baaji   18 April 2017

Oral partition

Is oral partition valid before law...my brother claims a property saying that he acquired it by oral partition and my sisters and brother are supporting it... Does it have any validity incourt of law


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 5 Replies

Kishor Mehta (CEO)     18 April 2017

Sir, Oral partition is valid only when all the concerned parties agree and no one dissents. In the case of a member dissenting it loses its legal validity. Good luck, Kishor Mehta

Baaji   18 April 2017

Thanks for your reply sir... In my ancestral property court has given a decree about shares to me and my brothers and sisters...its almost 15 yrs from date of decree... I am urging them for partition since long and none had cooperated for it..Now i am in need of money and i asked them to divide and filed suit... And through lawyer they sent me a notice ..that all of us has givenup our shares to my brother and that is the reason i did not claim my share since 15 yrs...and my brother is having pocession in that house...please help me how to go ahead

Baaji   18 April 2017

Thanks for your reply sir... In my ancestral property court has given a decree about shares to me and my brothers and sisters...its almost 15 yrs from date of decree... I am urging them for partition since long and none had cooperated for it..Now i am in need of money and i asked them to divide and filed suit... And through lawyer they sent me a notice ..that all of us has givenup our shares to my brother and that is the reason i did not claim my share since 15 yrs...and my brother is having pocession in that house...please help me how to go ahead

P. Venu (Advocate)     18 April 2017

The facts, as posted, lacks clarity.

Baaji   18 April 2017

Venu sir...since the court decree i am asking for partition...none responded for that....i live away from my home town due to my work..now i filed a partition suit....in deffendents ws they replied that all including the plantiff has given up his share orally... That is why the plantiff has not claimed his share...(actually i dont know about limitation period and i am asking my kin and kith to divide in the presence of family elders...all those failed and my brother registered that property by his possession to his wife...and this forced me to approach court)

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