Partition Query
Prakash
(Querist) 11 August 2010
This query is : Resolved
An Oral partition of ancestral property was made between two brothers about 50-60 years back and they were having the benefit of the respective shares allotted to them till recently.
One of the brothers died about 40 years back. The surviving brother and the sons of the diseased brother entered into a partition list in 1990 citing the oral partition made and the properties allotted were listed in the partition list drafted by a senior advocate. The partition list is unregistered.
About few years back the grandsons of the diseased brother have filed a suit against all other family members claiming their shares.
My Queries
1) Wanted to Know if Oral Partition done long back is valid, and in case Yes what are the points that needs to be highlighted to court.
2) I would like to know the reference Case numbers for which the Courts has passed the judgments for Oral partition Cases. Kindly let me know for reference.
3) What are the disadvantages of not having the partition list unregistered?
Kindly address my queries which will be of great help to me at this point of time.
s.subramanian
(Expert) 15 September 2010
1. Yes. It is valid.
2. No disadvantages at all.
