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Madras High Court· 18 September 2026

Must a memorandum recording a past oral partition be registered or stamped to be admissible in evidence?

BALAKRISHNAN v. JAYACHANDRAN
SA.1335/2008 · 2026:MHC:3857 · S.A. No.1335 of 2008
Coram: Justice R.Sakthivel
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Answer

A memorandum recording a past oral partition need not be registered or stamped to be admissible in evidence.

No. A memorandum recording a past oral partition need not be registered or stamped to be admissible in evidence. Considering the cumulative circumstances — the equal division of the properties, the denial raised only about sixteen years after execution coupled with the non-denial by the others, and the fact that the parties were all educated — the Koor Chit was found to be a memorandum recording an earlier partition, and accordingly valid and admissible.

Headnote

Registration — Memorandum of past oral partition — Indian Succession Act, 1925 — s.63 — Indian Evidence Act, 1872 — s.68 — Hindu Succession Act, 1956 — s.8 — Koor Chit — Separate property — Proof of Will — Oral partition — Memorandum recording an earlier partition — Registration and stamp — Held: A document written only to record an earlier oral partition creates no rights in praesenti; it needs neither registration nor stamp and is valid and admissible as such. (¶20) Evidence — Denial of signature — Duty to seek forensic examination — Held further: A party who denies his signature on a document must take steps to send it for forensic examination and signature verification, and a denial first raised sixteen years after execution carries little weight. (¶19) Partition — Property allotted on partition — Character in the allottee's hands — Held further: Property allotted to a member under a partition is his separate property and not family property, and he may settle it on whomsoever he pleases. (¶21) Indian Succession Act, 1925 — s.63 — Will — Suspicious circumstances — Held further: A registered Will proved through its attestors raises no suspicion where the testator bequeathed only a portion of his separate property. Second Appeal partly allowed. (¶22, 25)

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In the Court's own words
Paragraph 20Considering the cumulative circumstances, especially equal division of properties, denial by plaintiff and fourth defendant about 16 years of its execution coupled with the non-denial by the others, the fact that the parties are all educated [the plaintiff is a Village Administrative Officer], this Court finds Ex-B.3 - Koor Chit is a Memorandum recording an earlier partition. Accordingly, it need not be registered or stamped and it is valid and admissible as such. Substantial Question of Law (a) is answered accordingly. This means, the properties that fell into the hands of the first defendant under Ex-A.2 - Partition Deed dated June 10, 1970, which are the Suit Item Nos.1 to 3, have already been partitioned orally in 1984. Hence, the plaintiff wants to unsettle what has already been settled and the same cannot be permitted.
Acts & Sections
s.8 Hindu Succession Act, 1956s.63 Indian Succession Act, 1925s.68 Indian Evidence Act, 1872

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Also decided in this judgment
Must a party who denies his signature on a document take steps to send it for forensic examination and signature verification?Is property allotted to a member under a partition his separate property and not family property?Is production of the original settlement deed sufficient proof where its execution is not specifically denied?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections