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Aruna S   16 January 2022

Partition deed among legal heir

Joint property between my father and his brother's legal heirs ( brother not alive) has to be partitioned.legal heirs are his brothers wife and 2 sons,one of whom is abroad.Can partition deed be executed between My father and his brothers wife and one of his sons,provided the younger son provides a power of attorney to his brother.



Learning

 3 Replies

Megha   16 January 2022

Hi,

A partition deed is drafted to ensure lealdistribution of a property between co-owners and it enables the owners to dispose off their portion at will by way of sale, transfer or gft. 

 Provisions of The Partition Act, 1893 will be applicable in case of jointly owned property.  

A partition deed may be filed by the coparceners of the property; physical presence of each and every coparcener is not necessary for the same. 

A POA from the on living aborad will be required at the time of executing the sale deed, if any.

Best regards,
Megha  

Advocate Bhartesh goyal (advocate)     17 January 2022

Partition deed is compulsorily registrable document u/sec 17 of Registration Act so 

Poa of  younger son is required for execution and registration of partition deed.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 January 2022

Upon death of a coparcener his property devolves upon his legal heirs under Section 8 of the Hindu Succession Act as his self acquired property after notional partitionThe Supreme Court in the matter of M. ... 1 and 2 formed a coparcenary which owned the suit property.


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