Your father can give poa to you for registration purpose only if required
Hi Sirs, my father and my elder cousin holds joint account of agricultural land where my father share is 4Acr and brother share is 1Acr in pahani, now my brother wants to sell his share 1Acr to some one else, and due to my father condition (bedridden) he cannot go for registration office, can anyone suggest as a son myself (heir 1), how can I ensure my father need not to go to office and also my brother's sells his share ? & If my brother sells his part, whether his name will be removed and only left out with my father name ? Please suggest.
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Since your father is bedridden, your father can execute GPA in your favour and you can on his behalf sell his and your share. But if your brother is selling his share of 1 Acre only your father need not go the Sub Registrar Office as he is not selling his share.
If father is bedridden and unable to go to sub registrar office he can in writing request sub registrar to depute officer to his residence for registration purposes
2) enclose his medical reports that he is bed ridden
3) in alternative execute registered POA in favour of son
1. See if brother is owner of the 1 ACr, brother can sell same without consent of father so father is not required at sub registrar office.
2. After the registration of the property.brothers name shall be removed and buyers name shall be mutated in property.
1. It's not clear whether the property is still joint or not. If not then your father's signature is not required.
2. Now if its still joint then first partition your father's share and then sell his share.
3. Or both your father and your uncle can sell the whole property for which registration work can be done at the place of your father.
1. Your brother is selling his share of 1 acre. So why does your father have to go to the sub-registrar's office?
2. Your brother is also free to execute a GPA in your favour to authorise you to sell his share for and on his behalf. The GPA has to be registered.
3. After the sale fresh mutation will have to be applied for, in which your brother's name will not be present/
Your cousin's name will be removed and the buyers name will be added.
You can get a power of attorney signed from your father to perform the required actions on his behalf
Dear Sir,
You can power of attorney and sell entire four acres along with elder cousin who wish to sell 1 acre of land. Since there is no partition as such your brother cannot sell independently. Discuss for more clarification. If you wish you can purchase 1 acre of land from your cousin on priority on the basis of following doctrine.
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Right To Joint Possession And Right of Pre-emption
There are two views in this matter. The purchaser has no right to joint possession of the property compelling partition. He can sue all other coparceners for that purpose. [32]
If the vendee has obtained possession, the other coparceners can get him ejected by a suit. All that the purchaser is entitled to in such a suit is a declaration that he is entitled to the share of the coparcener against whom the decree has been passed.
The Bombay High Court has a different approach. It gives some discretion to the court in the matter of ejectment of a stranger purchaser. In Bhau Laxman v. Budha Manku [33] the court laid down three rules:
First, if a purchaser stranger of the undivided interest of a coparcener in a joint family property is out of possession, he should not be given joint possession with the other coparceners but should be left to his remedy of a suit for partition.
Secondly, on the other hand if the purchaser has obtained possession of the property, a coparcener who has been excluded may obtain joint possession with the purchaser.
Thirdly, the purchaser in possession need not be ejected in a suit for recovery of possession brought by an excluded coparcener. The matter should be decided on merits because he is not a trespasser. In a suitable case he may be declared to be entitled to hold (pending partition) as a tenant-in-common with other coparceners.
The issue came to be discussed by Supreme Court in M.V.S. Manikayala Rao v. M. Narasimhaswami [34] . The court held that it is well settled that a purchaser in such a case cannot claim to be put in joint possession with the other coparceners. He has only the right to ask for general partition of the joint property.
- If the ownership documents of the agriculture land is showing the share of both of them separately , then without the presence of your father , your elder cousin can sell the property.
- Since, there is joint account of both of them , both of them are owner of the land ,
- Hence, firstly they should entered into a partition/settlement deed for the partition of the said land after showing the share of the land separately, and then both of them will have their respective right to sell and transfer their share as per their wish to anyone without interruption of anyone.
- If possible registered the said family settlement.
- However as Supreme Court judgement , even without registration a written document of family settlement / family arrangement can be used as corroborative evidence.
The property must be divided between your father and his brother. Only then can your cousin sell his share of the property, otherwise he cannot.
Reason is your father and his brother have not partitioned the property jointly owned by them, therefore unless this is done, either of them cannot sell their share to a third party. How will the third party buy when he is not aware how much land is owned by each of the parties (your father and his brother).
After effecting a partition by metes and bounds amongst your father and his brother, your father will not be required to go for registering the sale deed to be executed by his brother.
If your father is bedridden then you can summon/bring the sub-registrar to the house and obtain the thumb impressions of your father for registering the Partition Deed between your father and his brother.
Dear Sir,
Your father is not required to go to the court/registrar office if the brother is selling his share. One of the best methods to avoid the issues in future would be to enter in to a settlement deed between father and brother as to portion of land and its possession and you as the son be the witness of the same. This means from East to West some length and north to south some length for your father's share of 4 Acre and similar dimensions for your brother for his share of 01 acres and then he would be free to sale his share and your father's share will remain unaffected.
There is no need for your father to registration office. Brother is selling his share, he alone should and can do registration of sale deed of his 1acr land.
His name will remove and 4acr will stay in your father name.
Since your father is bed ridden and cannot go to registrar's office, he can request the Registrar to send his deputy to complete the registration formalities by visiting your house, for which, you need to pay nominal fee, in support of his problem, he has to submit Doctor's Advise & Medical Reports.
If he intends, he can authorize you by giving POA in your favor for registration.
If it is a jointly held property then if the share of your cousin has been identified he can very well his share of property without your father's consent.
Moreover as your cousin alone is selling the property what is the necessity for your father to go to registrar's office for this purpose.
If at all your father is bedridden and unable to visit the registrar's office then you an arrange the registrar to visit your house by making a payment meant for this and get your father's signature at home itself.
I would advice you to get General Power of Attorney executed by your father appointing you as his attorney.
By GPA you would be able to carry out all legal activities before all competent authorities on behalf of your ailing father.
The name of your Brother would be subsequent substituted and name of your father would show as owner of 4 acre after sale transactions is completed.
You may proceed with GPA executed by your father in your favour authorizing you to represent your father before all for the sale of one acre agricultural land held by your cousin.
First you need do partition of the property are jointly owned and sharing ratio is mentioned on the property card.
If the property card separate then no issue here, your brother can sell it.
1. Your brother can sell his share without consent of your father.
2. Once your brother sell his share then his name will be removed from property card and buyer name will be mentioned in place of your cousin.