LAW FOR ALL

Property Law – Partition – Memorandum vs. Partition Deed – Registrability: The crucial distinction between a document merely recording an already completed oral partition (memorandum of partition) and a document that itself effects a partition lies in its registrability. A memorandum of an already effected oral partition may not require compulsory registration under Section 17 of the Registration Act, whereas a document that creates, declares, assigns, limits, or extinguishes rights in immovable property by itself as a partition deed would be compulsorily registrable. The binding nature of an oral family settlement needs to be assessed based on the specific facts and evidence presented, particularly when daughters (also legal heirs) were not parties to the documented settlement.