Hanfi Law of Inheritance of Mohammedan Law
R.M.Bhaduri
(Querist) 30 July 2011
This query is : Resolved
There were two Muslim brothers ( follower of Sunni Sect) and they jointly purchased a property, in their life time no partition was done either between them or between their heirs, but some of the heirs are claiming that there was oral adjustment or oral family arrangement in the lifetime of the two brothers. Now the question is that whether so-called oral adjustment or family arrangement is valid without having a partition? Pl. refer Supreme Court decisions also.
prabhakar singh
(Expert) 30 July 2011
AN ORAL PARTITION IS ALLOWED IN LAW.
THE PARTY CLAIMING PARTITION MUST ALSO BE TELLING WHAT PROPERTY WAS GIVEN TO YOUR SIDE
IN LIEU THERE OF.
ANY WAY SUCH AN ORAL PARTITION CAN BE PLEADED AND PROVED BY A PARTY,THERE IS NO LEGAL BAR ON IT.
