Vangoji Rao 12 August 2022

Question on registering a partition-deed

Hello,

Trying to get a Partition deed registered at a local SRO. 4 legal-heirs are the parties out of which one is abroad and who is interested in relinquishing his rights for his share.

Does the partition deed still need the abroad person's signature?

I am being told that he can't relinquish and that he must receive the PD abroad, sign it, notarized and send it back for others to sign it.

Please share your experience.

🙏

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Quick Summary

This discussion centres on the complexities of registering a partition deed when one of the four legal heirs is based abroad. The core question is whether the abroad heir's signature is mandatory on the deed, or if they can relinquish their rights through alternative means. Advice suggests the abroad heir can execute a General Power of Attorney (GPA) abroad, which must be notarised and attested by the Indian Embassy or Consulate, or a Notary Public, and then validated in India within three months of receipt.

4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 12 August 2022

If he relinquishes his right over his share or he executes the partition deed with other heirs. Or he may execute a GPA in the name of any one brother among you. The GPA to be executed abroad must be attested by the Ambassador/Consulate or Notary public abroad and get it validated within three months after receipt of the GPA in India.