Partition of property
Querist :
Anonymous
(Querist) 10 November 2024
This query is : Resolved
Sirs,
A property of 150 cents in same survey number was partitioned orally by metes and bounds. After few years the family members who are Christians change orally the metes and bounds in different locations before further subdivisions in the same survey number.
1. Whether the second change of locations of land by another metes and bounds is valid against the world at large i,e., against strangers.
2. Which Act is applicable for partition among Christians.
3. For Christians, can a already orally partitioned property can be partitioned again orally with all member's mutual consent.
T. Kalaiselvan, Advocate
(Expert) 10 November 2024
The second oral partition for changing the metes and bounds on mutually agreed conditions is also valid, but it is advisable that an unregistered MOU about oral partition will come to your rescue for future litigation that may arise, if any.
For partition the and the inheritance the personal religion law will be applicable
3. Yes
kavksatyanarayana
(Expert) 10 November 2024
The second oral partition is valid, but what does "second change of partition meets and bounds against strangers" mean? The Indian Succession Act applies to Indian Christians. 3.Yes.
Querist :
Anonymous
(Querist) 10 November 2024
Thanks for the advice very helpful Mr.Kakaiselvan Sir And Mr. Sathyanarayana Sir.
second change of partition meets and bounds against Stranger means
A stranger encroached our land of 150 cents by 10 cents. The 150 cents was shared by 5 brothers .we got 30 cents each. In an order we got western most part orally.Thereafter my grand father made will and expired. Thereafter the other 4 members took their shares in an order from west to east thereby left our 30 cents in the eastern most part. We accepted the same. In the mean time one stranger next to our neibour encroached 10 cents leaving us an 20 cents and contends in court that you can not prove your title as the exchange is not registered. The court also held that as the exchange is not registered and your title is not proved. We had sake deed for 150 cents but do have deed for 30 cents in the western part.we pleaded that the 30 cents was alloted eastern most orally. We didn't plead exchange. But the court took it as exchange. Hence the question Sir
Dr. J C Vashista
(Expert) 11 November 2024
Get the property measured and obtain permanent injunction against encroacher through a local prudent lawyer.
Querist :
Anonymous
(Querist) 11 November 2024
Lower court already held that uou do not have title in the suit for recovery of possession as discussed above then how they will give injuction ,Sir
P. Venu
(Expert) 11 November 2024
There could be no meaningful suggestion unless the judgment is perused and issues discussed.
Apparently, the property belonged to the grandfather. How could there be partition, oral or otherwise, during his lifetime?
Also, the grandfather had executed Will. If so, the property would have devolved in terms of the bequest. As such, the factum of subsequent partition appears to be misconceived.
Querist :
Anonymous
(Querist) 12 November 2024
Sir, My great grand father purchased 150 cents and died without making any arrangements. My grand father made will for 30 cents only based on earlier partition
T. Kalaiselvan, Advocate
(Expert) 12 November 2024
Any further opinion can be rendered only after perusing the judgement of the trial court.
You have already faced a court case in this regard and fought the same based on merits and supporting documents, if you are aggrieved by the judgement then you may have to prefer an appeal against the judgement and cannot discuss the basic details of the case, any opinion given based on your pre suit details at this stage will be a sheer misguidance.
