cpc

oral partition validation

FINANCE MANAGER

My grandfather had purchased land , the funding of land and construction over same is done by my father and grand father .
My grand father had 3 sons . After construction he handed over ground floor to my father . The oral partition of house happened in 1972 . Since 1973 we are residing there . My grandfather expired in 1973 , leaving behind grandmother and 3 sons.


The propery was never transfered to any one after his death . My father expired in 1994 and grandmother in 1999 , and one of my uncle expired in 2004 .

My uncles are sharing rent of 1st floor in there possession equally themselves after my grandmother death.

The property still stands in grandfather name .

Now my uncle and aunt has applied for there share in Estate office to tune of 35% and 35% each and ours 30% , on ground that after death of my father the sahre again split in our family and my grandmother .

We have renovated the groundfloor , and my other uncles family is getting rent for 1st floor alternative months.

pls advice is our family share is only 30% .



What is provision of oral partion alraedy happened 40 yrs back and we are in possession of Ground floor and my father has incurred amount on construction and till date no one had claimed any mutation .
regards

 
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Nationalist

Oral partition can be used for a collateral purpose. It is valid, and needs to be proved in the court.

In partition main issue used to be "metes and bounds"

Better u consult a good civil lawyer, who can protect your interest, since u r in occupation with relevant documents and so many things in ur favor, this much is sufficent to pull the case indefinitely.

 

 

 
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