Is partition deed necessary ??
Deep Banarjee
(Querist) 10 December 2013
This query is : Resolved
Dear Sir,
My father was joint owner of 12cottah land which he got inheritance with his 7 cousins jointly. None of them did any partition deed or made property registration.
Except my late father and another one co-owner of that property all 5 owners have given power of attorney to me with all rights.
After death of my father me, my mother and my sister became co-owner of my father’s portion of property.
In this situation I need to get 3 cottah of land registered on my mother’s name from the portion of 06 co-owners and three of us portion (my mother, myself and my sister) want to keep with our self only. .
Now my questions are:
A) Being a power of attorney holder of another six co-owners of that property can I transfer their some portion land to my mother’s name with consent of others?
B) If yes, what would be the process??
C) Is it necessary to get registered the partition deed ? or we can mutually demarked the individuals area and then we can do the registration on my mother’s name ?
D) Final question is being a power of attorney holder of six co-owners and being co-owner(become by source of my fathers death) can I transfer land on my mother’s name or not?
Please advise…………
T. Kalaiselvan, Advocate
(Expert) 11 December 2013
a)yes, b)by a settlement deed, c)Partition deed need to be registered or else it will lose its validity, d) yes.
Rajendra K Goyal
(Expert) 11 December 2013
Well advised by the expert T. Kalaiselvan, ji.
Raj Kumar Makkad
(Expert) 12 December 2013
a. Yes, only if such power has been vested in you vide GPA
b.
Raj Kumar Makkad
(Expert) 12 December 2013
b. Gift deed registration shall be cheaper process.
c. Registration of partition shall be better.
d. This is repetion of your earlier question.
Advocate Ravinder
(Expert) 15 December 2013
a. Yes
b. Registered Release deed will be better option.
c. Registered release deed.
d. Yes, by registered release deed, the property will be transferred on the name of your mother.
ajay sethi
(Expert) 15 December 2013
agree with experts
