>>> You have pointed to past Oral partition. It is not completed.
You have pointed to past signed document (probably MOU) of Oral partition. It is not registered. It (transaction of Oral Partition reduced in writing on paper) is not completed.
Oral partition is believed as valid if proved.
Unregistered partition deed is believed as if it is proved. There is a signed document and witnessed also but the transaction is not completed.
The land has not been divided. The part of the land sold by owners of the land (prior to Oral Partition and MOU and not by all subsequent to Oral Partition and MOU) and proceeds are not shared as per to Oral Partition and MOU.
Do you have any idea that what evidence wives of your brothers (and your brothers and their witnesses) shall adduce that the proceeds/considerations were shared with you, and your parents? OR you were party to sale and collection of your share from consideration?
If they can adduce the irrefutable evidence, then it is upto court to accept or decline.
If they can adduce the irrefutable evidence, and is accepted by court then you are at loss.
>>> You need to establish that other signatories to the Oral partition, MOU {(wives of your brothers), (and your brothers) (and your parents) (and their witnesses)} never divided the land and consideration.
The question arises whether your Parents also collected any share from consideration from land previously in the names of wives of your brothers?
Do you have any idea that what evidence wives of your brothers (and your brothers and their witnesses) shall adduce that the proceeds/considerations were shared with your Parents?
>>> If the land remained undivided despite Oral partition, MOU then wives of your brothers sold their land and shared nothing with you, your parents. Your parents have deceased now.
You have sold your land, since one party backtracked from Oral partition, MOU.
You have share in land in the name of your parents as per personal law that applies in instant case e.g; Hindu Succession laws……………
If you are Hindu then you have equal share being ClassI legal heir of your father, mother.
You may confirm if you are Hindu?
>>> You may obtain the certified copy from SRO, patwaari of sale deed (of land that belonged to wives of your brothers), mutation records and ascertain who signed the sale deed and whether MOU was inserted/annexed/mentioned to it?
>>> If you are Hindu then you then you may go thru:
Section 6(5) in The Hindu Succession Act, 1956
Central Government Act
Section 6 in The Hindu Succession Act, 1956
https://indiankanoon.org/doc/1883337/
The Act was amended by Act 39 of 2005 and a new section 6 was substituted. Sub-section (5) of section 6 and the Explanation thereto read thus: “(5) Nothing contained in this section shall apply to a partition, which has been effected before the 20 th day of December, 2004. Explanation.- For the purposes of this section, “partition” means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court.” The Explanation defines “partition” as any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 or partition effected by a decree of court. This definition of “partition” does not include oral partition and family arrangement.
You may also go thru the Law commissions report:
https://lawcommissionofindia.nic.in/reports/report208.pdf
Oral partition must have legal sanctity
https://www.thehindu.com/todays-paper/tp-national/oral-partition-must-have-legal-sanctity/article1288577.ece
Hindu Succession (Amendment) Act, 2005; The ‘Explanation’ under Section 6 (5) says: “For purposes of this Section, ‘partition’ means any partition made by execution of a deed of partition duly registered under the Registration Act or partition effected by a decree of a court.”
https://www.hrln.org/admin/issue/subpdf/HSA_Amendment_2005.pdf
It is not clear law commission’s report was accepted and notified or not?
You may check on it.
Other readers/experts/members are requested to confirm on it.
>>> Apparently the said Oral partition, MOU was never submitted to court to effect mutation.
>>> The game seems to be to put you at loss.
And/or make you approach authority/court.
Once again the question arises what do you have to approach the court; Original MOU?
Should you put Original MOU before court?
Will your brothers put Original MOU before court?
You may go thru:
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SECOND APPEAL No.1383 of 2004
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Maturi Rangaiah
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Vs.
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Mutyala Venkata Lakshamma (died) and oth
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https://judis.nic.in/judis_andhra/content.asp
>>> You may submit the death certificate of your father and mother, legal heir certificate/affidavit whatever is accepted and required to record inheritance in mutation records and obtain certified copy.
You may consider injunction on sale of the land owned by your father and mother.
>>> You have posted that you are about 50Kms away from location where land is situated.
Keep in touch with Revenue authorities’ local person and remain well informed!
Finally you may ASAP consult a very able counsel specializing in revenue/property/civil matters before you act on your own, with all docs and inputs on record.
Your able counsel that has examined everything can opine on options, remedies, merits and can advise you the best.
