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patel (employee)     15 September 2015

Oral partition valid or not

dear sir my father had four seperate properties on his name out of which one devolved on his name from my grandfather.he has three sons and one daughter.he made a gift deed for one of the property he had self aquired on my elder brothers name and before he did anything else he died intestate but he used to tell the remaining properties will be given to my other two brothers and sister.

now is it possible to mutate the property on our names as per his wish.will his promise to give the property to all three of us will be considered as oral partition.kindly advice



Learning

 8 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     16 September 2015

Mam,

 

Little difficult to say yes, but if other siblings has no objection to it, then with the mutual understanding you all can have the RD registered and go ahead accordingly and get the property mutated.

 

Warm Regards

Kapil Chandna Advocate

9899011450

G.L.N. Prasad (Retired employee.)     16 September 2015

If co-sharers agree, they can register internal partition deed and preferably through Legal Services Authority and get it registered.  Then all other mutations can be easy.

Kumar Doab (FIN)     16 September 2015

Oral partition shall have to be proved if you file for it. Amicable family settlement (registered) shall be the best option.

patel (employee)     16 September 2015

@ kapil sir.kindly let me know what rd means

patel (employee)     16 September 2015

thank you kumar ji and prasad ji for your valuable inputs

advocatepassy@gmail.com 971794 (Advocate)     16 September 2015

Oral wishes are for family members to honour. If they do not honour and cooperate with each other than succession rules come into operation

K S Narayana Rao (District Registrar)     17 September 2015

Sir, you can register a partition deed among you as per the wish of you father if agrreed by all. If not agreed by all as per law in force  you have to divide.

T. Kalaiselvan, Advocate (Advocate)     25 September 2015

This may be concluded as oral partition provided all other share holders agree to partition the properties as mutually agreed upon by each and everyone. If there is no consensus arrived the you can go for partition by legal process of law through court.

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