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Power of oral partition -cpc - partiton suit

hi
in case of a partition for ancestral property, what is the power of ORAL partion
there were 3 class 1 legal heir brothers- one is full possession of the property and rest 2 brothers passed away.
and now if one of the class 2 legal heir wants to bring n a partition, which was oppsoed by the class 1 legal heir stating a oral partition was already done where he states that the other two class 1 legal heirs have agreed to give all theirs shares to him,how will the court go with this.
onus to prove oral partition lies on who and in what form is it expected to be proved.
or is there even any power for oral partition at all?
no parttion deed/family settlement deed was registered as such to prove above oral partition

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Vanshika Kapoor 24 July 2018

Oral partition is valid for movable properties. However when there is claim for partition of immovable properties, the same should be registered . If there is no registration of partition deed when partition involves immovable properties, then the Oral partition is not Valid. In your case since registration of partition instrument did not happen in the year 2005 and not sure whether there has been any registration of any partition deed and hence oral partition is invalid.