Can a list of property on paper treated as partition list

933 votes

grand father written list of his properties and how they are distributed among family members on a white paper but he didnt sign it. properties partitioned before 1985. now my doubts are 1. can this properties list written on paper be treated as partition list 2. can it be a proof and stand in law


Will can be oral or written

Advocate Nilesh Narania LawRato

666 votes

no paper what so ever without signing is useless so in order to prove the fact that the property is partitioned it should be signed and to be attested atleast by two witnesses and then only you can produce it before any court as evidence or else it is to be deemed that it is unpartitioned asset or you can claim oral partition in between members of the family

Advocate Innamuri Balasubramanyam LawRato

707 votes

Hi
Oral partition and family settlement on white paper are recognised in india.

However since your grand father has not signed the settlement deed, the same is invalid in eyes of law.

His children may choose to agree to partition of properties based on unsigned settlement deed at their own wish.


however in such instance all of the legal heirs and beneficiaries should subsequently do partition/relinquishment of properties by paying appropriate registration fees and stamp duties.

If partition has not happened, then the properties which continue to be in grand father's name are OPEN for partition NOW and legal heirs may choose to partition the properties according to their convenience ignoring the grand father's unsigned settlement.
Hope this information is useful

Advocate Rajagopalan LawRato

659 votes

partition is caused between members after devolution of the ancestor. what can be understood by your query is that the mere list is to denote the properties available or rather it could be construed as a will.

LawRato LawRato