Rajendran (Consultant) 10 August 2010

Grandma's Property

Respected Guru's,

I am from Chennai. My Grandma died 20 years back. there are total of 6 members in my mothers family. One of my Uncle is mentally disturbed and he is married without any children. The PARTITION WILL my grandma wrote is in White paper and signed by all mom & my uncle at that time. ( and its not registered..).

My question is if we register now, will it be accepted? Some says as my grandma is not alive and that is not too registered that "PARTITION WILL" will not be accepted now and only each members will have equal rights now. My mother's sister are afraid bcoz after registration one of the share will be give to mentally retarted uncle and his wife will sell that share and shall drove my uncle out of that house?.

This fears raises to many fears in our house, I would like to know is there any provision that after registering the land in each one's name...is there any provision in law stating that only my UNCLE and his family must enjoy the property and should not sell?. till his death?.

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3 Replies

unique horn (self) 10 August 2010

There is no deed called "partition will" . Please give more detail about the said deed, Is it a partition deed or a family agreement within your family?. Did your family members signed the "will" as the wideness or as party?

Adv. G.Narayan ( Advocate & Legal Consultant) 10 August 2010

Dear Mr Rajendran!

Kindly clarify whether it is a Will writen by your Grandma and signed by your Mom and Uncles and ants as a witness to the Will or it is a Family Arrangement. "Unique Horn" has rightly said that there is nothing like "Partition Will" exists in the Law. If It is A Will, and sined by all benefiaciaries as Witnesses ,then it is not correct. And If it is a Family arrangement ,then there is no poblem in Partitioning everyone's share. A Family Arrangement is not required to be registered. However, the Partition Deed has to be registered. All class I heir 's of you grandma would get equal share. So far the mentally retarted Uncle is concerned he is also entitled to get his share and if his wife is taking good care of him then what is wrong in it. After all your Uncle's wife and his children ( If any) are also your Uncle's legal heirs.