Respected All,
This case pertains to Partition of Family Property having jurisdiction State of Karnataka. My Father has 4 brothers and 3 sisters. My grandfather through a registered will have limited the transfer of property to Sons only and not to daughters. Leaving this WILL aside, all brothers and sisters gave Power of Attorney to rectify the title of Property and then distribute the property among brothers and sisters. The lawyer while preparing the POA did not check the new survey numbers prevailing then and prepared the documents as per old records. In the meantime, eldest brother of my Dad gave an undertaking and registered the same saying that if the said plot of land was transferred to him he will relinquish the other share in the property. My Dad along with others did not object for the same. My Uncle used the same POA to transfer the title in his name But now we came to know that the survey name was different than mention on POA. Rules are that any change in the points mentioned in the POA needs confirmation in writing from all holders. but this was not the case. In the meantime the staff at Registry Office brought the notice of my Dad that the survey number has changed and this will require a new POA from all holders stating the effect. My uncle is refusing to give his signature. The registered undertaking given by my uncle in favour of my DAD has a point that in future if any changes are required he will willingly do the same. But now he is refusing to sign the amended POA and is demanding a share in the property.
I require you advise as to how my Dad can compel my uncle (Dad's eldest brother) to sign the amended POA with legal ways?
