• Property partition if one sister is out of the country

I had 4 sisters and I am the only one son.My father is no more and mother is alive.Our property is ancestral and is in my father name.But he is not written any will.Now the issue is my sisters and myself are in abroad and in august we want to do the partition.One of my sister who is in USA cant come for the partition in August.If any way we can do the partition if she is not in country.
Asked 3 years ago in Property Law from Thiruvalla, Kerala
Religion: Christian
1) sister can execute power of attorney in favour of relative 

2) power of attorney should be duly attested before indian consulate 

3) relative can submit document for adjudication and registration 
Ajay Sethi
Advocate, Mumbai
46822 Answers
2769 Consultations

5.0 on 5.0

1. If the property is ancestral then how is it in your father's name? On what basis do you call this property as ancestral?

2. Your father could not have written a will in respect of a property which is ancestral. 

3. Your sister who cannot come personally to India for partition may execute a Power of Attorney in favour of any of her siblings to represent her before the registrar for the partition of the property. Such POA would have to be got attested at the Indian Consulate in USA. 
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

The sister who may not be available in India for partition registration at that time, she may execute  a power of attorney deed in favor of any one of her siblings, which need to be attested by a Notary of that country or by Indian consulate/Embassy, the power agent so appointed can proceed with the execution of partition deed in her absence on her behalf. 
T Kalaiselvan
Advocate, Vellore
36951 Answers
403 Consultations

5.0 on 5.0

The sister in US is ready for partition, then prepare a partition deed and submit it for registration before sub registrar office. As per the Section 24 in The Registration Act, 1908, you can get the opportunity for execution of the document. If  the document is not presented with in time (4 months ) sec.25 provide extension of time 

Section 24 in The Registration Act, 1908,
Documents executed by several persons at different times
Documents executed by several persons at different times.—where there are several persons executing a document at different times; such document may be presented for registration and re-registration within four months from the date of each execution.

25. Provision where delay in presentation is unavoidable
(1) If ,owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in 18[India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration.
(2) Any application for such direction may be lodged with Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.
Ajay N S
Advocate, Ernakulam
2823 Answers
47 Consultations

5.0 on 5.0

1. Since your father died intestate, all the legal heirs, i.e, your mother, 4 sisters & you have 1/6th share in your father's property.
2. Whoever cannot come for execution of partition deed, can give Power of Attorney to any one of the siblings and do the execution of the deed on behalf of the executor.
Shashidhar S. Sastry
Advocate, Bangalore
1653 Answers
109 Consultations

5.0 on 5.0

Hi, Ask your sister to execute the General Power of Attorney to any one of you so that she will be represented by the General Power of Attorney and do the partition of the property.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

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