• Partition Deed, Power of Attorney

We have ancestral property of farm land in Andhra Pradesh. We four brothers and our mother acquired it after my fathers' death, and it is presently in our mother's name. We now want to sell it off.

1. The buyer wants us to first get a registered Partition Deed in our names (with a major share in one of our names) before the sale. Is Partition Deed necessary ? Can't we go for direct registration of the Sale Deed ?

2. If Partition Deed is necessary, should the major share holder be our mother (as the Patta & Passbook are in her name, and they need not be changed till final sale) ?

3. My mother lives in Hyderabad (Telengana). She is 88 years old and of frail health. Can we get her Power of Attorney in one of our names, for both Partition Deed and for the Sale Deed ? Can the PoA be obtained in Hyderabad (Telegnana) itself, without her having to come all the way to AP ?
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Mother can execute POA in favour of family member for sale of property

2) it can be executed wherein she is residing at present

3) partition deed is not necessary

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

See first of all on death of your father if there was no will the property shall be transferred in name of alll legal heirs and all will have equal share in the property. that is all 4 brothers along mother shall have equal share in the property.

Further first get the mutation of the land corrected add name of 4 brothers in the revenue records.and then can sell the property The name in patta passbook need to be name of all 5 of you. . if you are selling complete property no partition deed is required..

your mother can give a Power of attorney to any one of you to register the sale deed. further in case a portion of land is sold you can get partition deed executed. and for same also POA can be given

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. No need for any partition deed

2. If property is in name of mother, then she will be vendor and all brothers can become confirming parties in sale deed with buyer

3. Yes one of you can obtain a power of attorney from your mother

4. Mother can sign power of attorney in Hyderabad and get it notorised there which can be used in AP

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

In your case, partition is not necessary as the property is already in your mother's name.

You and your siblings can give NOC to the buyer stating that the property is solely on your mother's name and you have no interest or right in the said property.

Your mother can execute POA in, anyone's favour, which needs to notarised or registered l ( it can be done in Hyderabad too) to do all necessary acts in relation to the property in question.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1. There is no need of Partition Deed, IF there are no disputants AND all the residual heirs of the deceased agree to sell the property to a third party.

2. The ancestral property can be Sold by mother, WITH THE CONSENTING SIGNATURES of all the residual heirs of the deceased, by inserting strategic clauses in the Sale Deed, with the new property buyer.

3. Duly Stamp Duty paid and Registered POA can be executed ANYWHERE in India and is legally enforceable ANYWHERE in India. IF person is disabled in any way, THEN the Registrar of Sub-Assurances (registering authority) can be summoned to residence, by paying fees, AFTER following due procedure of law. Using this registered POA, the POA holder can execute any & all documents required for the Sale-Deed.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If your mother is alive, this farm land cannot be sold without her consent.

If your mother passes on this property in name of you 4 brothers, all of you can collectively sell your undivided share in this property to the buyer. No need to execute a partition deed.

Since your mother is alive, first tale a relinquishment/release deed from her. If POA has to be taken and you propose to give effect to the above arrangement under a POA, this POA can be taken at Hyderabad itself.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) you can insert all legal heirs names in the Patta and passbook, as nomination on the legal papers. and rest of your thing not needed.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Firstly, the anscestral property can’t be on an individual name as in your case it is on your mother.

Secondly, your mother doesn’t not have any right in it.

Thirdly, if there will be a partition then there would be 5 shares, four of yours and one which is called as notional share of your father.

Fourthly, then again out of your father’s share there will be division where you all four and your mother would get a share on her name.

Which means you all four would have two shares and your mother would have only one that is also from your father.

Fifthly, yes you can go for direct sale deed after giving content for each of you and divide the money in equal ration on the sale deed itself.

But, yes it is advisable if you all first go for partition befor the court after getting the succession certificate.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Client,

No need of partition deed, oral partition and involvement of all brothers and mother in sale deed execution is sufficient.

Oral partition is also valid, and property of father devolve by 1/5th each according to Law of inheritance.

Notorised POA executed to act on behalf valid in another state.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Since the property devolves on all, you may obtain a legal heirship certificate and sell the property jointly.

2. Partition deed is not necessary for selling it jointly.

3.she can execute a GPA for selling her share of property.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

The same deed can take place also if all you relinquish your rights and there is a single sale deed between your mother and buyer. Later you can distribute your share. If there is no Dispute between legal heirs then no partition deed is required. All the legal heirs can give NOC to the transaction.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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