Partition deed

dsviswakarma (Querist) 29 August 2023 This query is : Resolved
The father wrote to the mother on an unregistered partition deed with 100 rs stamp that after me my sons should be divided in the property like this but one son and daughter-in-law is against it, what should be done
Can mother make a will of father's property?
What is the right of the mother for the property of the father?
Which exempt from tax.

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Quick Summary

An unregistered partition deed, especially one on a low-value stamp, may not hold legal weight. If the father is deceased, his property devolves to his legal heirs, meaning the mother cannot unilaterally make a will for it. A daughter-in-law is not a legal heir and therefore has no claim or right to object to the property's distribution.

kavksatyanarayana (Expert) 29 August 2023
Is the document a partition deed or a Will? The document which was executed on stamp Rs.100/- needs to be verified to form an opinion as the query lacks clarity.

T. Kalaiselvan, Advocate (Expert) 30 August 2023
The unregistered partition deed is not valid in law.
If there was a Will, it can be enforced only after the death of the testator.
The mother cannot write a Will to bequeath the property to which she has no clear and marketable title.
If the father is alive then no one can claim any share in it during his lifetime.
If he is reported to be not living then upon his intestate death the property left behind by him shall devolve on his legal heirs.The daughter ion law is not a legal heir hence she cannot object or refuse or agitate in the property partition or sharing aspect.

Advocate Bhartesh goyal (Expert) 31 August 2023
Yes, unregistered partition deed/family settlement has no legal value in eye of law.
If father is not alive then his property rights will devolve to his all legal heirs so mother can't execute will regarding father's property.
Daughter in law is not legal heir so she has no right,claim and interest in father's property.

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