Oral Partition Validity
Querist :
Anonymous
(Querist) 27 July 2010
This query is : Resolved
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
G. ARAVINTHAN
(Expert) 27 July 2010
oral partition can be relied only if some mutations takes place as per the oral partition
Querist :
Anonymous
(Querist) 27 July 2010
the mutation had alreday effected in 1972 , as ground floor is in our possession since then and we are residing there since 1972 ,we are paying electricity,water bills of ground floor, even the elctricity meter is my father name .
The first floor was in possession of my uncles after my grandmother death and they are sharing rent equally from first floor .
pls advice
sanjeev murthy desai
(Expert) 28 July 2010
As per succession/survivorhip your father had 1/4 share only on that property at the time of oral partition.
After the demise of your grand father and grand mother, all the 3 children /thier legal heirs can claim 1/3 (25% of the total property) share in the grand father and grand mother share which was allotted under oral partition.
There is no specific provision for oral partition. But there is many rulings of apex court which upheld the oral partition are valid.
Please clarify;
1. Is there any documents which shows the effect of oral partition;
2. What are the terms of the said oral partition?
3. All the family members were joined in the said partition?
4. Is that oral partion confirms that ground floor as a share allotted to your father?
5. Is there any proof to shows that oral partition effected in the year 1972.
sanjeev murthy desai
(Expert) 28 July 2010
Please gothorough this caselaw. I hope you will get correct answer.
Raji Agarwal V.s CIT (2003) 2 SCC 295 (308)
Querist :
Anonymous
(Querist) 28 July 2010
1. No there was no document shaowing oral partition , but it happened in presense of close relation relative , who also expired now.
2.As my father has contributed on construction of house , the ground floor will be held by my father and first floor to my uncles . My grandparents will live with us till there death .after my grandmother death . My grandmother will get rent for 1st floor till she is alive . Post her death , my uncles are sharing equally.My grandmother lived with us through out her life.
3. Yes , all member joined partition.
4.Yes , as we are living on ground floor for last 30+ years , and all renovation etc are done by us on ground floor.
5. No, but due to my grandfather detoriating health , he has taken premature retirement .
