Please enrich me If Oral Partition is valid in Muslim law. Case Matter is as such my client has filed a partition suit against other heirs and one of the opponent in his counter claim has pleaded oral partition though in reality no such partition or family arrangement took place
Oral Partition is not valid in a Muslim Family for the simple reason that nobody has an antecedent interest. There is no joint family property system. Every man is the sole and absolute owner of his or her property. Since there is no antecedent interest - new interest is created by Partition and S.17 of IRA gets attracted, making the transaction to be necessarily in writing and registered.
Once the negotiations for partition of the ancestral property of a muslim among his legal heirs were on, one of the legal heir proposed that he be given Rs. three lakh in cash for his 2/8th share in the property and one of the legal heirs accepted the proposal and advanced Rs.175000/00. the seller of the 2/8th interest however expressed dissatisfaction and was therefore asked by the buyer to repay the amount of advance of Rs.175000/00 which he did not do and the arbitrators thereupon unlocked the premises in which the seller was residing till receipt of advance and handed over the same to the buyer party.
After fifteen years, the seller party files a suit in the court that the property be partitioned and he alongwith other heirs be given his share. What are the options available to the buyer party?