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Huf partition query

Rakesh Jain (Businessman) (456 Points)

04 June 2013

We are 4 members in our family. Me (55 years), my wife (51 years),one married daughter (25 years), and one unmarried daughter (20 years). My married daughter stays at USA. Me and my wife have gifted our agri land to huf and now wish to partition it and make 4 shares (me 17% + my wife 17% + married daughter 33% + unmarried daughter 33%). For registration of partition deed is it necessary that it should be signed by all 4 members ? or a consent letter from my married daughter notarised in us and attested by Indian consulate is required ?

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3 Replies

CA CMA CS Ram Pavan Kumar Melam (CA) (6980 Points)
Replied 05 June 2013

Your NRI daughter can act through her representatives in India with a power of attorney on her behalf. A copy of the power of attorney should be notarised with the Indian consulate in the USA. This will give it authenticity. The power of attorney holder can sign on behalf of your NRI daughter by producing a copy of the power of attorney to the registration authorities. The power of attorney has to be attested by two or more independent witnesses. Since, the power is not given to sell the property, it does not needs to be registered. Hence, physical presence of your daughter is not required;

Since, the partition is by mutual consent, the partition deed is to be executed by all the members of HUF. The partition deed is required to be registered with the office of the sub-registrar of the place where the property is situated as in case of any other registration.

Hence, two issues are involved here:

Signing on the partition deed through an agent or in person;
Execution of deed through an agent or in person.

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Rakesh Jain (Businessman) (456 Points)
Replied 06 June 2013

Originally posted by : Melam Ram Pavan Kumar
	Your NRI daughter can act through her representatives in India with a power of attorney on her behalf. A copy of the power of attorney should be notarised with the Indian consulate in the USA. This will give it authenticity. The power of attorney holder can sign on behalf of your NRI daughter by producing a copy of the power of attorney to the registration authorities. The power of attorney has to be attested by two or more independent witnesses. Since, the power is not given to sell the property, it does not needs to be registered. Hence, physical presence of your daughter is not required; Since, the partition is by mutual consent, the partition deed is to be executed by all the members of HUF. The partition deed is required to be registered with the office of the sub-registrar of the place where the property is situated as in case of any other registration. Hence, two issues are involved here: Signing on the partition deed through an agent or in person; Execution of deed through an agent or in person.

Thank you very much sir. Please also let me know whether my NRI Daughter can appoint by the POA her mother or me (her father) to sign on her behalf both the partition deed and to execute the deed on her behalf even though both of us are also signing and executing it in our individual capacity? Please opine.

CA CMA CS Ram Pavan Kumar Melam (CA) (6980 Points)
Replied 07 June 2013

Yes, your NRI daughter may appoint you and your wife to sign on partition deed as well as for registration of the executed partition deed.

You may also send the partition deed to US for signing by your daughter at US and may obtain POA from her for registration of the executed partition deed. However, the time limit for registration of such document is 4 months from the date of arrival of the document to India. Please refer section 26 of the Indian Registration Act, 1908.

In case the deed has been sent to US ..... the Testimonium clause of the Partition Deed should written as "In witness whereof, this partition has been finally executed at ______, USA as of the day and year first above written.............(# of counterparts may be written and also about the delivery of the counterparts)........