• Three legal heir having passession on their respective part ie each legal heir 1/3 share

We are three legal heir of property acquired by father their own money .Father mother both passed away since six year back. Leaving. No any will or any family settlement for our three legal heir having no sister .Now question is one legal heir A very cunning and fraudulent person sitting with with wrong character person not a civilised person also with mood of settlement with other legal heir B. and C at any cost . For our safety in future legally for B and C legal heir what a legal remedy from legal heir A in the form of Gift deed or Daan or power of attorney between legally 

heir B and C as a legal protection in comming years between BAnd C. mutually exchange ie B legal heir may make PA in favour of legal heir C of their part and legal heir C may make a PA of their part in favour of legal heir B to protect from legal heir A . Please advise accordingly with a judgement of any disst court or any heigh court or supreme court
Asked 10 hours ago in Property Law
Religion: Hindu

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11 Answers

If only the three sons are the surviving legal heirs, each now has 1/3 share in your father’s self-acquired property. A gift deed or mutual power of attorney between B and C will not take away A’s legal 1/3 share.

Power of attorney is only authority to act, not transfer of ownership; the Supreme Court has clearly held that GPA does not convey title. Your proper remedy is a registered partition/family settlement, and if A does not agree, file a partition suit with injunction for separate possession and protection of your possession.

Next step you may consider

Please first get the legal heirs and shares recorded in the revenue/municipal record and have a lawyer prepare either a registered partition deed or a partition suit.

Saurabh Agrawal
Advocate, Greater Noida
63 Answers

Best option is to file suit for partition for division of property by metes and bounds 

 

seek injunction restraining sale of property by other legal heirs 

Ajay Sethi
Advocate, Mumbai
100279 Answers
8190 Consultations

 

You can purchase undivided share of other Mehak heirs 

 

deed of exchange dies not make any sense 

 

if one brother does not want any share he can execute gift deed for his share in property 

Ajay Sethi
Advocate, Mumbai
100279 Answers
8190 Consultations

 

Power of attorney dies not confer any title to property 

 

it can be sale deed or gift deed 

Ajay Sethi
Advocate, Mumbai
100279 Answers
8190 Consultations

Execute gift deed it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
100279 Answers
8190 Consultations

Since your father died intestate, all three legal heirs have equal undivided 1/3 share in the property. Even if each of you is in possession of separate portions, in the eyes of law the property still remains joint property unless a formal partition is carried out.

 

Coming to your main concern, executing a Power of Attorney (PA) between B and C is not a safe or effective solution. A Power of Attorney does not transfer ownership; it only authorizes someone to act on behalf of another. It can be revoked at any time and does not create any permanent legal protection against the third co-heir (A). Therefore, relying on PA will not safeguard your ownership rights.

 

Similarly, mutual “understanding” without proper legal documentation will not bind co-heir A.

 

If B and C wish to legally secure their respective portions, the correct and legally recognized options are:

 

The most effective method is to execute a registered partition deed. Even if A is not cooperating, a partition can still be sought through court, but if B and C want to avoid litigation, they may at least formalize their inter se arrangement through documentation and possession clarity.

 

Between B and C alone, executing a registered exchange deed or family settlement deed is far better than gift or power of attorney. This will legally define and record their respective shares and possession, which will have evidentiary value in future disputes.

 

A gift deed (daan) between B and C is also legally valid, but it will involve transfer of ownership and stamp duty implications, and may not be necessary if both are simply retaining their own shares.

 

Most importantly, even if B and C enter into arrangements between themselves, co-heir A’s 1/3 share will still remain unaffected, and he will continue to have rights unless partition is formally completed.

 

If you want the strongest legal protection, the safest course remains to either:

formalize a family settlement (registered) clearly defining possession and shares, or

file a partition suit to legally divide the property and obtain separate title.

 

Courts have consistently held that co-owners cannot be deprived of their share without due process, and that informal arrangements or GPA-type transactions do not create ownership rights.

 

In conclusion, Power of Attorney is not advisable, gift deed is optional but not ideal, and a registered family settlement or partition (preferably through court if dispute exists) is the most legally secure course of action for B and C.

 

Please feel free to reach out if you require assistance in drafting a legally enforceable settlement.

Yuganshu Sharma
Advocate, Delhi
1295 Answers
5 Consultations

Registered partition deed is best if all wants share. If someone wants to relinquish then relinquishment deed

Prashant Nayak
Advocate, Mumbai
34896 Answers
254 Consultations

You three are the legal heirs to your deceased father, if you anticipate some trouble or mischief from other legal heirs, you can file a suit for partition to divide the properties into three equal shares and allot you with one such share properly by metes and bounds and with good and bad soil.

You don't worry about the cunning act of your uncivilized brother, he cannot legally deprive your rights in the property, you can also file an injunction petition to restrain them from alienating the property till the disposal of the suit for partition.

T Kalaiselvan
Advocate, Vellore
90483 Answers
2520 Consultations

The B and C can gift or give power to their respective share in the property, this will not deny or deprive your rights for your legitimate share in the property, you file a suit for partition if they are not agreeing for an amicable partition on mutually agreed terms.

T Kalaiselvan
Advocate, Vellore
90483 Answers
2520 Consultations

The B and C can gift or give power to their respective share in the property, this will not deny or deprive your rights for your legitimate share in the property, you file a suit for partition if they are not agreeing for an amicable partition on mutually agreed terms.

T Kalaiselvan
Advocate, Vellore
90483 Answers
2520 Consultations

If you are A then you may confine to your rightful share in the property alone, if you do not want to go for a compromise settlement with them to obtain your rightful share in the property then you file a suit for partition to divide the property into three equal shares and to allot one share to you with metes and bounds.

The dhana settlement deed between they both is actually not legally maintainable, one of them can transfer his shre to other by executing a registered release deed. . 


If one of them is deciding to to handover his share to other for future administration or sale, he can give a power of attorney deed in favor of the other person also

T Kalaiselvan
Advocate, Vellore
90483 Answers
2520 Consultations

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