Family-anecestral land.............................
raokn
(Querist) 24 December 2016
This query is : Resolved
Dear Sirs,
I have the Copies of the following documents:
1.Copy of original sale deed for 8000 sq yards of land purchsed by my grandfather,grand mother two uncles(father's brothers) AND my father-with- THEIR HUF funds on
21-9-1963,by a duly registered sale deed from Rani Of Dasapalla,Visakhapatnam,AP,India.
2.Copy of Duly registered main HUF partition deed beween my Grandfather, Grandmother, my father and his two brothers on 31-3-1972.
One of the properties that fell to my father's share was 2046 square yards land on Dasapalla Hills,that was purchased in 1963 by their HUF.
3.My father Divided his share of 2046 sq.yards among himself,and three sons.(Myself,my father and 2 brothers)
by an unregistered "LIST OF PARTITION" on white paper on 27-06-1978 between My father,2 of my brothers and my self ONLY for the above Land between four of us. MY SHARE is
1/4 th of the 2046Sq.Yards.
the LIST OF PARTITION Duly signed by 1.My father,2.Again By myfather as POA holder of my Elder brother ,3.My self and 4.My younger brother.
I constructed a house in 2006-2007 on my share of land,my father constructed house on his share in 2006-07and one of my brother constructed his house on his share of land1992-93.
Only my eldest brother (settled in US)left vacant his share land settled since 1977 ,leaving a registered POA with my father,in 1976.
Now my question is- I want to SELL my house on my part of the said land-
HOW CAN I MAKE A REGISTERED DOCUMENT OF THE SAID LAND OF 2046 SQ.YARDS COME INTO EXISTENCE AS THE INTERESTED Buyers and Banks for applying for loan are assking for a registered document for the 2046 sq.distributed land on registered LIST OF PARTITION ON WHITE PAPER ??
Points to Note:
1.My father expired on 17-8-2014 and by a unregistered WILL left his house on the his share of land to my only Sister,settled in Australia.
2.My eldest brother, who did not construct any house on his land and since left vacant, settled in US-1977.
Now we have no good relations with him SINCE 2010-2011,and cannot obtain his signatures on any document,if required ,now.
3.All property transactions WERE done by my father on behalf of My US SETLLED brother under a registered power of Attorney executed BY HIM on 5-6-1976 and LETTER OF CONFIRMATION OF P O A WAS again OBTAINED FROM HIM on
01-08-2003.
The relationship with the US brother turned Sour since 2010-2011.and since cut offAND NOW WE CANNOT OBTAIN HIS SIGNATURES FOR ANY DOCUMENT.
4.My Mother is 84 and alive and stays with me.
SO HOW CAN I NOW CREATE A REGISTERED DOCUMENT FOR MY SHARE OF LAND FOR SELLING MY HOUSE on my share of land??
Kumar Doab
(Expert) 24 December 2016
This is with limited understanding:
The HUF can be dissolved fully (Not partly) during the survival of Karta or on demise of Karta.
Normally the senior most member of the family may act as Karta.
However, a junior member can also act as Karta with the consent of the other members.
The Family Partition deed may be drawn and registered in SRO as in case of your Grandfather.
Approach a very able counsel at your location specializing in such/property/civil matters, with copy of all docs on record.
R.K Nanda
(Expert) 24 December 2016
contact local lawyer.
Rajendra K Goyal
(Expert) 24 December 2016
Show all documents to local lawyer and discuss in detail.
Kumar Doab
(Expert) 24 December 2016
The POA is meaningless with with death agent (father).
Show everything to a very able counsel at your location specializing in such/property/civil matters, with copy of all docs on record.
