• Property distribution on white paper with signatures and thumb impressions

My father distributed his property - House by writing on white paper. The content on white paper is that after selling the property, he is going to distribute money equally and mentioned approximate amount as well. On that paper he put his signature with thumb impression. And also we 3 brothers signed on paper with thumb impressions that we agreed upon. After getting money, my father decided to transfer whole amount to individual banks itself.

Is this document legally valid ?
Asked 3 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

-  Yes, that document is valid. If it is his self earned property then he can distribute as per his wish. 

 

-  Also everybody is getting equal share so there should not be a problem.

 

-  But if this is ancestral property then there should be partition deed. 

 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

deed of partition is not duly stamped and registered 

 

2) it is not admissible in evidence 

 

3) it is not valid 

Ajay Sethi
Advocate, Mumbai
94514 Answers
7484 Consultations

5.0 on 5.0

It iss as not legally valid 

Ajay Sethi
Advocate, Mumbai
94514 Answers
7484 Consultations

5.0 on 5.0

1. The moot point to be considered here, is whether your father is alive or not?.

2.  The document executed by your father can be considered as his last WILL, if there's signature of two witnesses to the document, then this document will be considered as a legally valid document.

3.  The contents signed with thumb impressions on white paper will be legally valid if it's witnessed by atleast two persons. In other words, two independent witnesses should have signed as witnesses. These two witnesses should not be beneficiaries of the document.

Shashidhar S. Sastry
Advocate, Bangalore
5067 Answers
314 Consultations

5.0 on 5.0

-  But what is purpose of this distribution on white paper ?

 

-  He can distribute his property as per his wish. No need of any such paper.  

Also after selling he is distributing to bank accounts directly. 

 

-  The purpose of this paper due to corona pandemic fear ?

If yes then this is basically to be treated as WILL but content have to change a little. Also independent witnesses have to sign/thump impression on it. 

 

-  This purpose of this paper is for distribution of ancestor property ?

If yes then there have to be partition deed and this paper is not valid for ancestral property distribution. 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

Dear Concerned,

Kindly let us know the status of the property whether the same was self-acquired by your father. If es then he does have full rights to remit the amount in one account of his choice or give the same to any person of his choice. If the sale proceeds are from the ancestral property then the same can be claimed irrespective of any written document.

Any document made on a simple white paper where any stamp duty is attracted can be presented before the court but the same can be objected for the want of appropriate stamp duty.

Regards,

Arun V S
Advocate, Jaipur
64 Answers

4.0 on 5.0

Hello, 

  1. The fact is that your father can distribute his property as he chooses and does not require any approval from anyone including his sons. 
  2. The plain paper with signatures and thumb impressions have validity to the extend of proving that all of you were present and in agreement when the decision was taken. However, it won't stand the test of scrutiny in a court of law. 

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

This document is neither a family settlement nor a partition deed.

It is just a piece of paper in which his desire was expressed in writing nd the children have endorsed his desire.

This is not legally valid and cannot be enforced in law.

If at all  there is as family settlement in the anvil, you can prepare a deed giving the details of distribution of assets  and the same may be executed by a registered document to make it effective and legally enforceable.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

The contents written on a plain paper even though signed and thumb impression affixed by all concerned is not a legally recognised valid document  for execution.

It cannot be enforced in law because it is not executed on a registered  document. 

Hence it is not legally valid.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

Dear Sir/Maam,

1) If father is alive then Property can only be conveyed by way of registered deed, and the document will not be legally valid.

2) If father has passed away then the document is to be taken as WILL and would be valid.

Thank you

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Dear Sir,

It is partially admissible in the Court. If it is self acquired property of your father then it is not binding on him.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

Document is not enforceable in Court.

If this is your father's self acquired property; even otherwise his decision to keep/retain entire sale proceeds by him cannot be challenged in Court.

Vibhanshu Srivastava
Advocate, Lucknow
9582 Answers
303 Consultations

5.0 on 5.0

The document is very much  valid and enforceable in Court. It is not a document for transfer of property, it is document for sharing the sale proceeds of property. It does not require registration  and payment  of stamp duty. File a suit on the basis of document. The document will be executed.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

The document is legally valid but he wrote his will in a sense. It was not a gift the way you are telling the story. Please share the contents of the document in order to better appreciate the controversy.

If it is a statement then he may disregard it and do whatever he wants.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

That document itself is valid and admissible in the court.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

- As per law , a WILL not required to be registered or stamped if it written in the presence of two witnesses. 

- If your father has written the contents on this white paper in the presence of two witnesses , then it can be considered as last WILL of your father .

- However, if there is no dispute then you can use the said document for distributing the sell amount and to prepare a new document . 

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

1. Although nothing concrete can be said without a threadbare perusal of the document, but prima facie this document neither partakes the character of a will nor an agreement to sell.

2. He continues to be the owner of property, hence he can alienate it in the manner he desires.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer