Madras HC ruling highlights risks of informal family property arrangements, says KSK’s Navod Prasannan

The Madras High Court’s recent ruling in a family property dispute highlights the importance of maintaining clear and legally enforceable documentation when dealing with ancestral property, said Navod Prasannan. Speaking to ET Wealth Online, Prasannan observed that property disputes are often determined not by who is currently in possession of the land, but by documents executed decades earlier.

Navod noted that signing as a witness to a relative’s sale deed can have significant legal implications where the document records the division of ancestral property and the witness has a personal interest in the property. He also cautioned families against relying solely on verbal understandings or informal arrangements for partition, as such arrangements can become difficult to establish when disputes arise years later and the individuals who witnessed the arrangement are no longer available.

He further highlighted that mutation entries or possession orders issued by the police do not conclusively establish ownership, as such measures do not determine title. According to Prasannan, where a family has actually divided its land, documenting the arrangement through a registered partition deed can help avoid prolonged disputes and uncertainty for future generations.

“The one takeaway that applies across the board: if a family land division has actually happened, get it registered. It costs far less than the alternative, which is watching your grandchildren fight it out in court forty years from now,” Navod said.

Last Updated on 30 September, 2026