One witness died and another was minor then

Yes, she can be a competent witness. Even in contract in writing, varying terms of documents by oral agreement can be proved by third party.

I understand about oral agreement partition. 

My question is She was a minor at the time of oral partition, aged 12. Can she be a witness to that oral partition? She is 35 now.

Yes, she can unless she is incapiciated with mental ilness.

The defendants are the witness. Plaintiffs mother wrote a will to plaintiffs daughter. She is defendant 1. Defendant 2 is the sister of plaintiff. Defendant 1 was minor at the time of oral partition, in 1997.

In your case the court will not believe your pleadings which is presented by you in the court. Since you are saying that you paid money to your brother to relinquish his rights from the said property. But you dont have any documentary proof to show that you paid money to your brother and he relinquished his rights from the said property. To prove the above facts burden is on you to prove the above pleadings, if you did not discharge the burden, it will never shift on other side to prove to that the assertion is not correct. Even you present oral witness who is minor at the time of oral agreement, the court will not believe the above witness. You better take any other steps to succeed the case, other wise you go for compromise with your brother in the above situation. It is only my advise as opined by me.

V E MANOJ KUMAR B.B.A., M.B.A., L.LB.,

ADVOCATE

CELL NO 86 86 15 92 92 

yes she can become witness

Who is in possession of the property?

Defendant 1

Defendant 1

Originally posted by : manoj
	In your case the court will not believe your pleadings which is presented by you in the court. Since you are saying that you paid money to your brother to relinquish his rights from the said property. But you dont have any documentary proof to show that you paid money to your brother and he relinquished his rights from the said property. To prove the above facts burden is on you to prove the above pleadings, if you did not discharge the burden, it will never shift on other side to prove to that the assertion is not correct. Even you present oral witness who is minor at the time of oral agreement, the court will not believe the above witness. You better take any other steps to succeed the case, other wise you go for compromise with your brother in the above situation. It is only my advise as opined by me.   V E MANOJ KUMAR B.B.A., M.B.A., L.LB., ADVOCATE CELL NO 86 86 15 92 92

A's father property itself was undivided. He had a share of 16 acres among 50 acres. When the father died in 1997, his heirs were widowed wife, Son A, son B and a daughter C, each receivng 1/4th share i.e 4 acres each. B, the brother who relinquished his share in oral partition died in 2000. B's heirs were motther, wife  E and son F.  In the absence of oral partition, E and F are entitiled to only 2/3  of  4 acres that is 2.67 acres. E and F didnt accept the oral partition and executed a sale deed for 5 acres in favor of G in 2008.

Mother died in 2012 leaving behind a will in which she bequeathed her share in her husband properties and others if any  to A1, daughter of A.

X,Y, and Z are other co-owners of the 50 acres. They own the remaining 34 acres of the 50 acres common property.

Now A has filed for a partion suit that he wants his 1/4 the share and his brother's 1/4th share. Notices were served to A1, C, E, F, G,X,Y,Z. Both E,F,G,X,Y and Z have bcome ex parte.

Plaintiff is in possession of the father's 16 acres share.

Now, is the plaintiff's claim of oral partition valid?  A1 and C are the witness to oral partition. No one is there to oppose the oral partition.

Originally posted by : manoj
	First your query is piece meal then now your query is full meal. Take advise from local advocate

Oh! Thank you for your valuable and wonderful advice. Appreciate it