hi every body,
i have an interesting case of property dispute among brothers in madhya pradesh.
let us assume X is father, Y is mother= 3 sons A B & C 4 daughters D E F & G, all married.
X died in dec 1987 and Y died in sept 2007.A is eldest son and was in service in up since 1963.B & C were looking after business along with X and later own B & C seperated there business in 1998. till 1998 B & C were coparceners in business and purchased several properties in their joint or individual names and till now there is no dispute among B & C.
in 1977 due to tax reasons a partial partition was done of movable properties between A B C X & Y.this was later approved by income tax commissioner.
late on a bhagidari deed was written on plain paper between x b & c as owner of 1/3 of business.
after the death of X there was oral partition between Y A B & C. and memorandum of partition was written after 15 days.d e f & g signed the doc as consent provider.in that memorandum it was written that each of beneficiaries has already acquired possession of their shares.
now in 2012 A has filed a suit demanding partition and possessionfrom B and C.. D E F G are also been made parties.he has also included properties acqired by B&C even after death of X.currently A resides out of the state and practically B and C are in possession of properties. but B & C are willing to give A 's share.
now question arises
1. MEMORANDUM OF PARTITION IS UNREGISTERED AND NOT NOTORISED---- is it a valid admissible doc
2. what are the odds that A can dismiss the partition
3 can B & C DEFEND IT AS HOSTILE POSSESSION
4 IS INCOME TAX COMMISSIONER ORDER OF ACCEPTANCE OF PARTIAL PARTITION HAS ANY LEGAL STANDING
KINDLY COMMENT
THANKS
AMIT
