Dear Sir, Madam We are amicably partitioning the property (house & land) in of our late father, in Sirsi, Karnataka. Our mother & brother have passed away so its being portioned between myself, my sister & my sister-in-law & her children. We all have agreed to partition parts & just want the partition deed in our respective names, so we can decide what to do with our part of property ourself. However we have been told by lawyer’s that we have to file a dispute case from claimant against defendants with claimant (my sister-in-law ) falsely accusing defendant (me & my sister) of not cooperating & other false allegations. We have told that only then the court/judge will hear case & order partition of our respective part of property. We’re very disappointed that inspite of all stakeholders agreeing to partitioning of respective part of property, we have to falsely accuse one another to file a case. Can you please advise if that’s the only legal way to file a case for partitioning of our late father’s property? Thanks
There's no need to file a case accusing one another.
For partitioning your deceased Father's house and land, all the legal heirs can come to an understanding and execute Partition Deed in the jurisdictional Sub Registrar's Office for their individual share of the property either by metes and bounds or amicably it can be partitioned.
Deed of family settlement or partition has to be executed duly stamped and registered for division of property by metes and bounds
no need to file suit
Thanks a lot for your speedy advice. My sister has been living abroad from few years & she does not has an Indian passport anymore nor does she has an Aadhar card. She has given a power of attorney to me to deal with property matters. Will PoA be sufficient enough for me to deal with partitioning of property & later selling of her part of property.? Thanks
As such there is no need to approach court for partition if you three have agreed to carry partition mutually. A succession certificate is required from court and thereafter, properties are required to be partitioned in three parts and each part to be owned by each of you. Children and sister in law shall have one portion or part to which your brother was entitled. An agreement yo this effect can be executed which shoukd be required to be duly registered with registrar. Your sister in law shall sign in her own capacity and also for children being their guardian. POA of sister is required to be stamped so as to be valid in India and by virtue of POA you can sign POA for and on behalf of sister. Go strategically. If required consult with detail.
POA executed abroad has to be attested before Indian consulate
on said basis partition of property can be registered
POA would be sufficient for you to deal with the partitioning and subsequent selling of your sister's share in the property, provided the POA should clearly define such clauses.
- Since, you all are ready to partition the property amicably , then there is no requirement for filing a suit before the court and to blame each other
- Hence, you all can execute a Family Settlement deed/Partition deed and registered the same in office the registrar.
- As per law , a Partition deed is a legal document that classifies the shares and rights of an owner , and after execution of this deed , each owner is entitled to sell, gift, or transfer the property ownership to any other person.
- Yes, the POA given by your sister is valid , and you can sign and appear before the registrar on her behalf as well .
- However, that POA should be notarized as per rule of her country of residence , and attested from the consulate of India.
what the lawyer has advised is completely preposterous
if all the parties are agreeing, then why file a collusive suit?
just does not make any sense
for the suit, court fees will have to be paid and other charges like lawyer's fees for drafting the suit, clerkage etc will have to be borne
why to spend unnecessarily when the work can be done simply by entering into a partition deed
the POA of your sister will work provided it has the necessary powers to sign the partition deed on her behalf and to sell her share on her behalf. so please ensure that a proper POA with the applicable powers is made
It is a wrong and incorrect advise by your advocate.
There is no necessity to approach court for the sake of partition.
Since you people have agreed for partition on the mutually agreed conditions, you just approach a document writer and prepare the partition deed, get it registered and have the revenue records transferred to your names and enjoy the share of property as an absolute owner without any problem, you can ignore the advise of your advocate
Yes, the POA executed by her from that country, duly adjudicated in India, is sufficient for you to carry out the tasks on her behalf too.
Partition of property involves dividing the property among co-owners, and it can be done amicably through a partition deed. If all stakeholders are willing to mutually agree on the partition and their respective shares, a partition deed can be executed without the need for a court case.
It seems unusual that your lawyer is advising you to falsely accuse one another to initiate a dispute case for partition. This approach is not typical or ethical, and it is not the only legal way to file a case for partitioning property.
Here are the steps you can consider for an amicable partition of the property:
If all stakeholders are in agreement regarding the partition of the property, executing a partition deed is a common and legally acceptable way to formalize the partition. If disputes arise, a mediator can be considered to facilitate negotiations. Resorting to false accusations or filing a baseless dispute case is not a standard or recommended legal approach for partitioning property. Seeking advice from a qualified lawyer is essential to proceed appropriately.
Yes POA will be sufficient
Dear Client,
Filing a case to accuse each other is unnecessary. Instead, the legal heirs should strive to reach a mutual understanding for partitioning their deceased Father's house and land. This can be achieved by executing a Partition Deed at the jurisdictional Sub Registrar's Office, clearly specifying each individual's share of the property. The partitioning can be done either by defining precise boundaries (metes and bounds) or through amicable negotiations.
To handle the partitioning process and any subsequent sale of your sister's share in the property, a Power of Attorney (POA) would suffice. However, it is crucial that the POA includes explicit clauses that clearly define the scope of authority for dealing with the partitioning and selling of the property. By following these steps, the process can be conducted smoothly and without the need for legal disputes.
