Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pushkar (Mr)     25 June 2015

Oral partition evidence

Dear experts,

We are 5 brothers in possession of our 1/5 share of ancestral land. In the revenue record the property bears the name of all 5 brothers but we had a verbal aprtition 20 years back and have since been in possession of our individual shares. Now one brother has filed a suit for partition and asked for a stay of any sale/purchase claiming that partition has not been done. We have similar properties at other locations in the same city where there is the same situation. Infact, at another location of the plaintiff constructed his house on joint property after a partition deed was executed for that particular property. I also have an affidavit from my father (now deceased) stating that he had carried out a fair partition amongst all brothers of all the lands during his lifetime. Can this be used as evidence. Please suggest what I can use as evidence to defend this case. I think this brother just wants the plot that is in my share owing to its higher cost now, which was not the case 20 years back.

 

Thanks a lot in advance for your valuable time.



Learning

 2 Replies

Ezhil Bose (Advocate High Court-Chennai)     25 June 2015

 Sir,

Since there is no other proof except an affidavit by your father to prove the evdience of oral partition, it can be taken as an evidence, but still in my opinion the stand would be weak , to prove the partition, since an affidavit is just an delaration and moreover an unregistered document.

 

Pushkar (Mr)     26 June 2015

Thank you sir. Also as I mentioned, I have my part clearly demarked with boundary foundation. Also, another brother has a electricity connection in his share with the bill solely in his name. All other brothers apart from the plaintiff will say in court that partition has been done. 

Any other suggestions sir ?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register