POA can be executed in your favour
2) it would not affect re sale value of land
3) POA should be registered in city wherein your brother is residing or where land is situated
Registered POA
Myself and my brother own 5 acres of agriculture land. We have joint patta in our names. We got it through gift deed through from our parents. Now we have decided to partition the land. My brother has come for a very short visit from abroad and he is going to register a power of attorney describing the details of the partition and making me the POA executor. I am planning to execute the partition deed using this registered POA in a month's time. My questions are 1. Can he issue a POA to me to execute the partition deed as I am the joint owner 2. Since the partition will be through registered POA will there be any implications in future for the value of the land in case of sale. 3. What things I should take care in the POA which will ensure the partition is legally valid 4. Should the POA registered only through the same district subregister where the land is located or can it be done in a different state? Is the POA registered in a different state valid for the partition deed ?
Asked 1 year ago in Property Law
Religion: Hindu
9 Answers
1. Yes he can but if you 2 are only the joint owners then to avoid complications he needs to give such POA to another relative.
2. No
3. Take help of an advocate to get such deed drafted.
4. It can be done either where the property is or where the Principal resides.
Yes a registered POA is required for the same
1. He can assign you as an agent.
2. No
3. Information about parent documents and the intention of the principal and agent should be explicit.
4. Same district where the land is situated.
G.Rajaganapathy
Advocate
High Court of Madras
1. It is better if your brother executes a PoA in favour of some other person for the purpose of the partition deed.
2. There will not be any issue.
3. It should be properly drawn up and duly registered.
4. The PoA needs to be registered at the SRO under which the property lies.
Dear Client,
In the Present Scenario, your brother can issue a Power of Attorney to you to execute the partition deed, even as a joint owner, as the Indian law allows one co-owner to represent another for specific purposes, including partitioning jointly owned property. Further, the Power of Attorney should be precise, mentioning the purpose, land description, the authority granted, and an irrevocability clause so as to ensure it remains effective until partition is completed. Further, the same must also adhere to the state-specific stamp duty laws and be registered with a Sub-Registrar, generally in the same district where the land is located. Besides, the partition deed, once executed, will not affect the future value of the land if registered correctly, provided it clearly demarcates the boundaries, extent, and allocation of land and is final and binding, with no encumbrances. However, it is suggested that, you maintain all the land records, and the requirements are complied with under the relevant laws.
Hope you find this answer beneficial for resolving the dispute.
1. He can very well give you POA specifying the tasks to be completed by you on his behalf.
2. It is a registered partition deed hence it is considered as legally valid title document so there will be no adverse impact to the valuation of the property due to this.
3. The registered POA is very much valid.
4. It is to be registered in the place where the power agent is residing.
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POA by a Joint Owner:
- Yes, your brother can issue a registered POA authorizing you to execute the partition deed, even as a joint owner.
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Impact on Land Value:
- A partition deed executed through a registered POA is legally valid and does not affect the land’s future value. Ensure the partition deed is registered properly.
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Key Points for a Legally Valid POA:
- Specify details of the property (survey number, extent, etc.).
- Explicitly mention the authority to execute the partition deed and present it for registration.
- Include a clause for irrevocability during the execution process.
- Have witnesses sign the POA.
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Registration of POA:
- The POA should ideally be registered in the same jurisdiction as the land.
- If your brother is in a different state, he can register the POA there, but ensure it complies with Section 33 of the Registration Act, 1908, to be valid for the partition deed.
For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be really appreciated.
Thank you.
Shubham Goyal
1. Since, you both are the joint owner of the land , then you both can execute a Partition deed for the distribution of the property.
- Further, if he is presently in India, then why you are going to take POA from him being one of the owner of the same property.
2. No
3. The POA must be registered if the principal is in India.
4. Before the registrar where the property is located.
