• Validity of mutual agreement on will

Background: My Grandfather had registered a will on 30-10-1975 with Registrar of Tirunelveli District in Tamilnadu. All the properties were earned out of his own income and is not ancestral. He expired on 18-6-1981. On his expiry, his 3 sons including my father had modified the partition and registered that agreement with a different registrar in same district. Recently when my father accessed the  partition agreement entered between the sons, he found him to be in great loss and is against his father's decision. Now my father would like to go back on the amendment and would like to stick to the original will left by grandfather.
I understood from my earlier query in kaanoon that we can't go back to the original will registered by my grandfather and the revised agreement entered by the sons will be binding.

Query: Now I have got an opinion saying the revised agreement is valid only for 12 years and if the properties are not registered as per revised agreement within 12 years, it stands void.
Please confirm if that is the case and if so will the will written by my gradfather becomes valid or we need to take some actions to make the it as valid.
Asked 12 months ago in Property Law from Thoothukudi, Tamil Nadu
Religion: Hindu
1) once deed of partition for division of properties by metes and bounds is  registered it would be binding upon the parties . 

2) there is no need for further registration . 

3) the will of your grand father has been superseded by agreement entered into by legal heirs for divisions of properties on grand father demise 

Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
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Your query itself has an answer that the original will was ignored by all the beneficiaries and they entered into fresh and revised partition agreement among themselves. 
As per law even an oral partition is valid if acted upon.
In your case the revised agreement though you claim it as not registered, since it has been acted upon by all the shareholders accordingly, any suit for cancellation hereafter shall have to be made within three years from the date of execution if the other shareholders do not agree for cancellation.
Therefore in my opinion, the revised partition agreement can be registered any moment and there is no specific time limit for that, however you may enquire about it in the local registrar's office.  
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
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1. It is your case that your father was a party to the partition deed which was executed between him and his siblings post the demise of your grandfather. Did your father not read the document before he signed it? Unless your father can prove that either his consent was taken under coercion, or that the partition deed is a forged document, the deed of partition would not lose its legal character and vigour.

2. The partition deed requires compulsory registration within 12 years, failing which it cannot be registered. So your father can file a lawsuit to get the partition deed declared as illegal.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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At present situation the will has no validity at all. Once deed of partition for division of properties by metes and bounds is  registered then it would be binding upon all the parties .The previous documents relating to the property has no existence after the creation of new documents. So at present the will has no validity. 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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Hi, your father can file a suit before the court that as per the terms of the will the properties has not been partitioned and ask for court to divide the property as per the terms of the will.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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1. No probate of the will has been availed by the beneficiaries after the death of your father,

2. Without probate, a will has no value more than a scrap paper,

3. The unregistered settlement deed also has no legal value till it bis registered, before or after 12 years of its execution,

4. You can refuse to register it now and file an application seeking the grant of probate of your father's will,

5. After that you can file a partition suit claiming your share of the property as per the will of your father, application for probate of which has already been filed by you.

Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1. The imitation period of 12 years as advised by your lawyer is not applicable here since there is no rule that the property is to be psrtitioned  and separately registered in individual names,

2. However,you can take the please that your father was not aware of the said registered will which you came to know later on,

3. Once there was a registered will executed by the owner of the property, his heirs have no right to make settlement of it without being title holder of their shares,

4. File an application for grant of probate of the will.
Krishna Kishore Ganguly
Advocate, Kolkata
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228 Consultations
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once revised agreement is entered into between the parties and partition has taken place each party  would be owner oh his share of property . 

mutation is only for purpose of payment of property taxes and it does not confer any title to the property 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
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 The revised partition deed has no legal sanctity if it is made for the partition of the immovable property and it is not registered. Go through the TP Act and Contract Act.
But if it on stamp paper and not registered then he cant challenge.
The legal position is as under:
1. Partition is severance of joint status.
2. Partition can take place in two methods (i) orally and (ii) through document.
3. Parties can make a private partition orally in respect of immovable property.
4. Parties can also make a partition by executing a registered deed.
5. A memorandum or acknowledgement of a partition already effected orally does not require registration, since it does not create any right in any property and its registration was not compulsory.
6. However, if by that very document the will to separate and the manner of the partition is to be deduced, then it is compulsorily registrable.
7. A deed of partition is compulsorily registrable under Sec. 17 of the Registration Act, 1908. A non-registered partition deed will not be admissible in evidence.
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
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At present situation the will has no validity at all. After the death of Grandfather will come to existence.But after that the revised agreement is executed in the year 1982.So from the registration of new agreement will come in to force. If there is any specific period is mention in that agreement for execution of the property then only it will come to noted period. 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
The title passed as soon as the partition deed got registered. If only the mutation has not been carried out then this does not oust the title.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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