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Oral Partition
4 months ago
What's the latest judgement on validity of Oral Partition? If I have to prove oral partition within my joint family what public document do I need to adduce in a civil court? Are there any judgements regarding oral partition.
A.Dear Client,
The Supreme Court has observed that a plea of partition for the purpose of Section 6(5) of the Hindu Succession Act based on oral evidence alone cannot be accepted. However, in exceptional cases where plea of oral partition is supported by public documents and partition is finally evinced in the same manner as if it had been affected by a decree of a court, it may be accepted. To establish oral partition within your joint family in a civil court, you may need to provide various forms of evidence. While oral evidence itself is admissible, supporting it with documentary evidence strengthens your case. Consider presenting any documents, letters, or records that may indirectly support the existence of the oral partition. Additionally, testimonies from witnesses who were present or have knowledge of the partition could be valuable.
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The Supreme Court has observed that a plea of partition for the purpose of Section 6(5) of the Hindu Succession Act based on oral evidence alone cannot be accepted. However, in exceptional cases where plea of oral partition is supported by public documents and partition is finally evinced in the same manner as if it had been affected by a decree of a court, it may be accepted. To establish oral partition within your joint family in a civil court, you may need to provide various forms of evidence. While oral evidence itself is admissible, supporting it with documentary evidence strengthens your case. Consider presenting any documents, letters, or records that may indirectly support the existence of the oral partition. Additionally, testimonies from witnesses who were present or have knowledge of the partition could be valuable.
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A.Dear Client,
In India, both agreements, whether oral or written are valid and fall under the ambit of the Indian Contracts Act. Although as per law, an oral agreement is valid, but its enforceability comes into question in the event of a dispute. A plea of oral partition may be proved by either deposing the beneficiary of such partition or those acquainted with the same which generally involves, friends and other relatives. In appropriate cases, even the revenue records are relied upon to support the plea of oral partition. The Supreme Court observed that a partition can also be effected under a settlement or oral understanding. There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law, the bench of Justices Bela Trivedi and SV Bhatti said.
In India, both agreements, whether oral or written are valid and fall under the ambit of the Indian Contracts Act. Although as per law, an oral agreement is valid, but its enforceability comes into question in the event of a dispute. A plea of oral partition may be proved by either deposing the beneficiary of such partition or those acquainted with the same which generally involves, friends and other relatives. In appropriate cases, even the revenue records are relied upon to support the plea of oral partition. The Supreme Court observed that a partition can also be effected under a settlement or oral understanding. There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law, the bench of Justices Bela Trivedi and SV Bhatti said.
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