Any partition of property acquired by father between sons with father as attesting witness is valid and binding father and sons. It has to registered before Sub-Registrar.
Partition of Self-Acquired Property of Father between two sons, while the father is still alive.
Can two sons execute partition deed/agreement of father's self-acquired property during his life time or while he is still alive by just taking father's attesting witness signature? or Is partition of father's self-acquired property done by two sons with just a witness signature of father in the partition agreement valid?
Asked 1 year ago in Property Law
Religion: Hindu
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18 Answers
1. The father has to initiate partition of his self acquired property between the two sons through partition deed to be registered in the jurisdictional Sub Registrar's Office.
2. Attesting Father's signature/ just a witness signature will not suffice.
1) father should be party to the partition deed not merely attesting witness
2) it is his self acquired property and he should partition it between his sons
@ Ravi Shinde sir, if the document is not registered before the sub-registrar, is it still valid?
Asked 1 year ago
Deed of partition for division of property is required to be stamped and registered
un registered deed of partition is in admissible in evidence
Unregistered document shall not have legal validity and can't be enforced in a court of law.
The property belonging to father can not be partitioned with his son.
The father though cna make a family deed of settlement in which case all three of them will have to be party to the deed and sign accordingly.
The self acquired property of father shall remain with him in his possession and enjoyment all through his lifetime.
If at all he desires to transfer his property either by settlement deed or family arrangement or partition among his sons or children, then he should be the executor and not that his children can themselves do the partition of their father's properties during his lifetime.
He cannot be an attesting witness to the partition deed that his children may do it on their own.
The unregistered partition deed is not valid in the eyes of law and the property for all the purposes shall be considered as their father's proeprty and they cannot acquire clear and valid marketable title by an unregistered partition deed.
It has to be done by all parties. If father is alive then he needs to be a party
So before the death of the father, if he had written a Will with two attesting witnesses (both of them dead) and if the Will is not registered..... is that Will still valid and enforceable in the Court of law?
Asked 1 year ago
Yes it’s valid it doesn’t require compulsory registration
Will need not be registered
registration of will is optional
will attested by 2 witnesses is valid
The will was created by my great-grandfather and my grandmother and father were the beneficiaries and both of them are dead now and still the Will hasn't been enforced and the properties are still undivided, so can I being my grandmother and my father's legal heir enforce the Will and get the properties now?
Asked 1 year ago
Since will was executed ages back and both the testator and beneficiaries are dead it would be difficult to enforce the will
1. Registration of WILL is not mandatory and even an unregistered WILL shall have the same legal validity as that of a registered WILL.
2. In the instant case, if the father had written a WILL with two attesting witnesses even though they are dead and even if the WILL is not registered, the WILL is still valid and enforceable in the Court of law.
3. Being the legal heirs of your grandmother and father, you can enforce the WILL and get the properties now.
The burden to prove the Will shall fall on the propounder.
In general, it is not mandatory to obtain probate of Will until it is disputed.
If all the legal heirs admit the Will and don't have any objection among themselves then they can enforce the Will.
- As per law, no legal heirs having any right to claim a share in the self acquired property during the life time of father
- Hence, the two sons cannot enter into any agreement/partition deed during his life time and the said agreement will be considered as invalid.
- However, the father can write a Will for his self acquired property in the presence of two witnesses.
- Further , as per law, the registration of Will is not mandatory and it can be written on even a blank paper in the presence of two witnesses.
- Since, there is a will in favor of your father , then he can also write a further Will in your favor for his share in the said property.
- Your father has only right to probate the Will and not you.
Yes it can be enforced if there is existing will
Dear client, you cannot take your father's self-acquired property by taking his signature as witness in partition deed or arrangement.
If you want to take his property he has to make a deed or arrangement as an executor. And if the document is not registered before sub-registrar then it is not valid.
In India, registering a will is optional, and unregistered wills are also legal.You, as the legal heir, can enforce the will.
