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Rathi   27 June 2024

Partition deed

A father has left a will.But the family had a oral partition done between the brothers.The oral partition is not registered and was written in 2002..It was not acted upon.Is the oral partition valid or will valid.


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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     27 June 2024

Oral partition is legally valid but if it is reduced to writing and if it is not executed by a registered deed then it is not legally enforceable. 

Dr. J C Vashista (Advocate )     28 June 2024

Whether it Oral or written since you have mentioned both of them ?

Oral partition is valid and legal, if it is there and acceptable to all stakeholders.

What is the role and connection of Will stated to have been executed by father.

Rathi   28 June 2024

the will was left by the father .But the brothers decided to to have a oral partition which is completely change of what is in the will.Secondly one of teh brothers has been residing in the suit property for nearly for 35 years wirth his family maintaining and paying all the statutory obligations..My question is

Can they paint the building without consulting the other brother

Secondly does it give him an edge over his brother in terms of taking ownership,There is vacant space also behind and the resident brother has asked his brother ( residing in US and citizen)who is a stake holder to take the back portion

 

Thanks to all for answering my query

T. Kalaiselvan, Advocate (Advocate)     30 June 2024

If you are entitled to a share in the property as a right then you may better take legal action to retrieve your share in the property by filing a suit for partition.


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