Ancestral property

Shaji (Querist) 20 September 2014 This query is : Resolved
My mother and her siblings have inherited an ancestral property. But till now partition deed is not made.One of her brother is always out of India. Is it possible to legally make a partition deed in the absence of one or more siblings. If yes how should it be done.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 20 September 2014
Yes if the co-sharers who remains in abroad executed POA n favour of any other co-sharer to facilitate the partition deed.

J K Agrawal (Expert) 21 September 2014
Partition Deed can be executed by remaining parsons and the same may be acknowledge in writing by person abroad. When ever he comes in India, A separate deed of recognizance can be executed at a nominal Stamp duty.

Rajendra K Goyal (Expert) 21 September 2014
Absent person may execute a POA in favor of any person and partition deed can be arrived.

Laxmi Kant Joshi (Expert) 21 September 2014
Yes, if your mama send his poa in the favour of any family member then the partition deed can be made and execute among her and siblings .

Advocate Bhartesh goyal (Expert) 21 September 2014
Agree with experts.

ajay sethi (Expert) 21 September 2014
agree with experts

Dr J C Vashista (Expert) 21 September 2014
I have similar opinion hence fully agree with experts.

T. Kalaiselvan, Advocate (Expert) 29 September 2014
I go with the views of expert Mr. Agarwal. Even the idea of executing POA deed by the absent co-sharer in favor of one of his siblings is a novel idea.

Shaji (Querist) 04 October 2014
Thank you dear Sirs,

But, if the person who is abroad is willfully avoiding a partition with vested interests he would not give a POA to any one, in that case what steps should be legally taken by the other persons concerned.