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.