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MI recently lost my father, who was the sole owner of two sites in our city. Even though he passed away intestate(no will), he had orally told us two brothers who gets what. Now with my father gone, I am planning to construct a house in the site that he had told will go to me.
Since there was no will, I believe now the khata will be issued jointly in both my brother and my name. To avoid this and get sole custody of the property, we were recommended to get a partition deed done spelling out which site goes to each of us. This way I can raise a loan for construction from the bank.
Unfortunately, my brother, who lives abroad is not in a position to travel to India in the near future and we can’t hold off the construction work for so long..Is it possible to send him the partition deed and for him to sign it in the presence of local Indian Embassy official at the Embassy? There is no dispute or any issues with us…everything is happening amicably, just that travel is not a possibility for him anytime soon, otherwise we could do this in person at the local sub-registrar’s office
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UA better option would be to give a power of attorney to somebody else, maybe your mother or another blood relative, just for the partition suite. The power of attorney would need attestation from the embassy though. We had a similar situation recently and two of my cousins, who were legal heirs of ancestral property gave PoA to another uncle to act on behalf of them. You can contact a lawyer to draft it for you.
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