Hi again this is my second question today for my sister. my sister HAS undivided portion of land along with my cousin brother through my grandfathers UNREGISTERED WILL. cousin says he is willing to buy, but says he want sisters undivided portion through settlement by court direction. My question is 1. is it a long duration process as it is done through court? is there any time limit 2. can i ask my cousin full settlement amount before court direction starts? by some sort of initial agreement? 3. since my sister will be leaving usa next month. he says it is better i take power of attorney from notary for court direction. cousin say no need for a registered POA for this kind of selltement. is it true? 4, will be any issues i should be knowing if i go for this kind of settlement?
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Sister can file suit for partition for division of proeprty inherited by will
2) cousin can in his reply agree for division
3) court can on basis of admission pass decree for partition of property
4) it would not be long drawn affair
5) he would not pay any amount prior to court orders
6) for filing court case notarised POA is sufficient
1. If your sister is entitled for an undivided portion of land along with her cousin, she has two options to transfer the same to same to him without approaching court for partition, I.e., by executing a registered gift deed or by an amicable registered partition and executing a registered sale deed insofar as her share is concerned, in his favor.
2. They both can mutually agree and adopt the procedure without approaching court and obtain the amount as per the terms mentioned in a written agreement.
3. The POA deed for court purpose need not be registered, but for subsequent representation before the registrar office, the deed should be by a registered deed only.
4. It depends on the situation prevailing at your end.
Your cousin and your sister have to partition the property first so that each enjoys a specific and exclusive portion. They could do it by means of a partition deed (to be registered). No court order is necessary. Once partition is done, your sister can very well sell her share to your cousin. If she goes abroad, she can execute and register a specific PoA for the purpose of sale and registration of her share of the property.
Dear sir/ma'am,
You can file a suit for partition or can execute a gift deed by agreeing mutually. it won't be lengthy affair but Partition would attract costs .A Court order is not required, once partitioned she can transfer the share to her cousin.Also, she can appoint a POA or the same.
Thank you
Yes it may take time.
You can if both are agreeable
Yes poa but the same needs to be registered
No issues of same is registered and stamped
