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V T GEORGE (MANAGER)     04 August 2015

Family property disputes

Is family property partition/rearrangement decisions agreed in writing on a "white sheet" of paper valid in courts in case of dispute in future ?

Does it need to be registered ? This includes interstate property of father and some properties in the name of individuals to this agreement.

One of the family members whose property is in the list of has not participated or signed the "white sheet". Is that person responsible for giving up his property which is now in his name if the other parties decide on this "white wheet"?

Can anyboy refer any Judgements in this regards which I can read and understand. ?

 

 



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 5 Replies

saravanan s (legal advisor)     04 August 2015

everything needs to be registered to stand evidence in court of law

Shraddha Singhi (Company Secretary)     04 August 2015

I have got the same issue.

After the death of my father, my uncles had a separation. the same was done on a white paper sheet. Which is not registered till date. We dont have any document in our hand.

What can be done.Please suggest.

rajagopal.s (Lawyer.)     04 August 2015

Hi 

A partition is a family settlement and the partition can be effected orally or on a white paper. It is still legally valid and admissible in court of law, if all of the members agree that the partition did happen orally or was effected on a white paper. 

However for actual transfer of property, all transfer of property should be registered at the Sub-Registrar office after paying the necessary registration and stamp duty charges. 

 

rajagopal.s (Lawyer.)     04 August 2015

Hi 

A partition is a family settlement and the partition can be effected orally or on a white paper. It is still legally valid and admissible in court of law, if all of the members agree that the partition did happen orally or was effected on a white paper. 

However for actual transfer of property, all transfer of property should be registered at the Sub-Registrar office after paying the necessary registration and stamp duty charges. 

 

1 Like

Sandeep Arora   12 August 2015

I have a similar case of white sheet, that My friend's father, who is not alive now, did a will on a white sheel and it is not registered yet. will it work now, means can we registered it now to fulfill his will. as I am a law student. Plz advise 


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