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Vangoji Rao   08 August 2022

Question on registration of a partition-deed

Dear All!

Good morning ! 🙏

I was wondering if somebody can help me with my legal question with regards to PARTNERSHIP-DEED REGISTRATION at the local SRO office.

There are 4 legal heirs (LH) of an ancestol property, for whom a PARTITION-DEED (PD) is being prepared. One of the legal hires is out of country. All LH documents are in order already.

A very experienced lawyer preparing the PD claims that, while the first 3 parties can sign the PD in front of the SRO, the person outside country should be sent the PD and she has to sign/notarized on all pages of 4 copies coming to about 80 signatures in all! and send it back for some verification process.

My SIMPLE QUESTION IS:

Can the person living abroad relinquish claim on her share and give it away to one one of the other LH by signing 1 or 2 page SPA/GPA/NOC/etc, there by guaranteeing any no-claims in future?

The person living abroad is not interested in claiming her share (of insignificant value) and doesn't want to go through the hassle of signing 80 times and specially getting all of them notarized which could be a challenge in that country.

My lawyer says, PD registration is special/peculiar and that there is NO OTHER WAY, and that the person abroad MUST and HAS TO to sign PD including notary and send it back.

Please share your experience and any comments in this regard I'll be very thankful thank you

With Regards

🙏



Learning

 1 Replies

Swadha   15 August 2022

- If the property is self-acquired i.e. the person who is living in India has purchased the same from his earned amount, then he can transfer the said property to you, and there is no need for children's consent for selling. 

- But, if that person is also abroad with his children, then they should execute POA in favor of any relative in India for selling and transferring the said property to you. 

- NOC is not proof of purchasing a property legally. 

- Further, you are not advised to pay even a single penny without any sale deed or agreement, even online. 


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