Yes, and this is an increasingly relevant and practically important question given how much family communication regarding property matters now happens through WhatsApp and similar messaging platforms rather than formal written correspondence, and Indian evidence law has adapted to recognise such digital communications as potentially valid and significant evidence in Mumbai property disputes. Under Section 65B of the Indian Evidence Act, 1872 (now reflected under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023), electronic records including WhatsApp messages are admissible as evidence provided they meet the required certification standards confirming their authenticity and the manner in which they were generated and preserved.

WhatsApp messages between co-owners discussing property division can serve as compelling evidence of an oral or informal family settlement, particularly where the messages clearly demonstrate the parties' mutual understanding and agreement regarding how specific portions of jointly owned property should be divided, who would receive which share, or other material terms of an arrangement, even where this understanding was never formalized into a written, signed document. Courts have increasingly recognised that modern family communication frequently occurs through such digital channels, and refusing to consider genuinely relevant WhatsApp evidence simply because it wasn't captured in traditional written correspondence would ignore the practical reality of how families actually communicate today.

To properly present WhatsApp messages as evidence, the party relying on them needs to ensure proper Section 65B certification, which typically involves producing the messages through a certified printout or digital extraction that confirms the device used, the account associated with the messages, and verification that the messages haven't been altered or fabricated. Where the authenticity of WhatsApp messages is disputed by the opposing party, forensic examination of the device and associated account data can help verify genuineness, examining metadata, message timestamps, and the overall digital trail to confirm the communications actually occurred as claimed.

It's important to understand that WhatsApp messages, like oral family settlements discussed elsewhere, work most effectively as evidence when they clearly and unambiguously reflect actual agreement on specific, material terms, rather than vague or preliminary discussions that don't rise to the level of a genuine settled understanding — courts examine the actual content and context of the messages carefully to distinguish between a clear meeting of minds on property division versus mere informal discussion that never crystallized into genuine agreement. Combining WhatsApp evidence with subsequent conduct consistent with the claimed agreement — such as parties acting in accordance with the discussed division — significantly strengthens the overall evidentiary case.

Given how digital evidence like WhatsApp messages requires proper certification and strategic presentation to be effectively used in Mumbai property litigation, professional guidance ensures this valuable modern evidence is properly leveraged. Reach out via Aapka Legal Advice to help certify and present WhatsApp communications as evidence in your Mumbai property dispute. The Top Property Lawyers in Mumbai team has successfully used digital communications, including WhatsApp messages, to establish family property agreements before Mumbai's civil courts, supported by a panel of retired judges and criminal lawyers for cases involving disputed digital evidence authenticity. If WhatsApp messages between co-owners could support your claim regarding property division in Mumbai, ensuring proper Section 65B certification will be essential to having this evidence properly considered by the court.