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Pappitha M Ravikumar   29 October 2022

what are the properties can be included in partition deed

my father is alive and bought some property on my mothers name and sisters name through proper sale deed from third party.not mentioned anything about it was bought by my father to them. my father is counting his last days..planning to go for partition among 7 siblings..including my mother and sister.can we include those property also in partition deed with the other properties which are on my fathers name.pls answer as soon as possible.thanks in advance


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 6 Replies

Dr J C Vashista (Advocate)     30 October 2022

Being a self acquired ( which is not ancestral) your father may dispose it to any one he desire.

However, the properties stated to have been purchased in the name of your mother and sister can not be included in partition by your father or you as your mother and sister are absolute owners / titleholder of such property.

P. Venu (Advocate)     30 October 2022

What is the stand of your mother and the sister? Are they agreeable to such a settlement?

Pappitha M Ravikumar   19 October 2023

Thanks for the reply sir. Can a partition deed created when father is alsive but paralysed and unable to sign. Can the properties of my sister and mother property added in partition when they agree to include..but it is not mentioned in thier third party sale deed that this propeery is family peroperty bought by father..

P. Venu (Advocate)     20 October 2023

To my knowledge, your father can execute a settlement deed. If he is unable to sign, the deed could be executed through Power of Attorney. Else, the Registering Authrority can visit the home of the executant -

Section 33 in The Registration Act, 1908

33. Power-of-attorney recognizable for purposes of section 32.—(l) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely:—

(a) if the principal at the time of executing the power-of-attorney resides in any part of 45 [India] in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;

(b) if the principal at the time aforesaid 46 [resides in any part of India in which this Act is not in force], a power-of-attorney executed before and authenticated by any Magistrate;

(c) if the principal at the time aforesaid does not reside in 45 [India], a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, 47 [Indian] Consul or Vice-Consul, or representative 48 [***] of the Central Government: Provided that the following persons shall not be required to attend at any registration-office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely:—

(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;

(ii) persons who are in jail under civil or criminal process; and

(iii) persons exempt by law from personal appearance in Court. 49 [Explanation.—In this sub-section “India” means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897 (10 of 1897).]

(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court aforesaid.

(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination.

(4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf.

Pappitha M Ravikumar   21 October 2023

Thanks a lot for your quick reply .can you pls share your contact no...i have some more queries in Including sitser and motber titled properties 

P. Venu (Advocate)     21 October 2023

Contact details could be accessed from profile.


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