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IQBAL (PRIVATE JOB)     04 June 2025

Permission to sign the family partition deed in phases (one by one) for registration?

Can we apply for permission to sign the Family Partition Deed in phases (one by one) for registration? Because two of our brothers are NRIs and live abroad. There are a total of 7 members, including our mother who is bedridden, and the other two brothers do not get along with each other, so they cannot come together. If the two NRI brothers send Special Power of Attorney, will this be possible?



 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     04 June 2025

Practically, it is not possible as advised by the above expert.  The legal heirs who are not available at the time of registration shall give a GPA/SPA to a person who is available for the purposes.  The GPA/SPA, if executed out of the state or abroad, shall be validated first.

T. Kalaiselvan, Advocate (Advocate)     05 June 2025

A partition deed executed by multiple parties generally should be signed by all parties simultaneously. 

While the Registration Act allows for documents executed at different times, it's best practice for all parties involved in a partition deed to sign at the same time. This ensures that all parties are present and aware of the terms of the agreement at the same time. 

A partition deed is a legal document that divides a property among co-owners, and it requires the consent of all parties involved. 

Signing by all parties at the same time demonstrates mutual agreement and ensures that everyone is aware of the terms of the partition. 

If one or more parties to partition may not be available  for registration, they can authorise any close relative as their power of attorney agent to execute the documents on their behalf, by following the proper legal procedures to obtain and adjudicate the power of attorney deed. 

Dr. J C Vashista (Advocate )     05 June 2025

Since subject document of "partition deed" is single / sole instrument, it has  to be one and only one for presentation and registration by concerned Sub-Registrar. 

Accordingly all stake-holders / co-owners / title-holders / claimants in  the subject property shall have to execute (sign) the document or authorise someone (on his / her behalf) before its presentation and registration.


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