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rohit awasthi (student)     22 September 2012

(urgent) hindu succession act 1956 & amendment act 2005

does an oral agreement among the coparceners of an HUF has some legal value or not ?

For instance a person called Mr. A has 3 sons & 2 daughters. he bought a land in d name of his wife Mrs. B. His 2 elder sons built a house on that land employing their personal incomes. now after 29 years, Mr. A , Mrs. B ,their 2 sons & 1 daughter are deceased. All died intestate. But after the demise of Mr. A & Mrs. B, there was an oral agreement between the legal heirs i.e. the 3 sons & 2 daughters that the 2 daughters will never claim their share & only the sons will have the right on their father's property to which the remaining 1 son & 1 daughter testify. A claim has been made by the widower of the deceased daughter on behalf of the legal heirs(3 in number, 1 major and 2 minor) of the deceased daughter for the partition of the house and claiming 1/5th share. now does the oral agreement cancels out their claim ?

Also in the case of partition will the amount employed by two sons in building the house be considered keeping in mind that the property is still in the name of their mother ?

Regards !



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 September 2012

oral agreement is no value. It requires documentary evidence.

Mercy (N/A)     22 September 2012

 

Rajeev ji, can you look at my query too
 
thanks

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