Legal Question in Civil Litigation in

Oral partition of ancestral property was made between two brothers about 60 years back. They were enjoying their respective shares of the ancestral property allotted to them. One of the brothers died about 35 years back. The surviving brother and the sons of the diseased brother entered into a partition list in 1991 citing the oral partition made and the properties allotted were listed in the partition list drafted by a senior advocate. The partition list is unregistered. About 8 years back the grandsons of the diseased brother have filed a suit against all other family members claiming their shares. Kindly illustrate with case details where the oral partition and the unregistered partition list as per which the elder members of the family were enjoying their respective properties is upheld by the courts.


Asked on 8/09/10, 4:38 am

1 Answer from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

See that any oral, or unregistered partition can be revoked at any time, several times if this sorts of the partition usually can be questioned, unless this has been throughly settled to the metes & bounds, and more over this will the be satified to certain extent of fair & even partition, agreed to full in settlements with such allocations of portions of all the living heir apparent.

Thank You,

Kind Regard. Sanjay K. Dixit, Advocate,

Davangere - 577 002.

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Answered on 8/09/10, 6:28 am


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