Legal Question in Wills and Trusts in
Our late mother had registered will bequesthing some acres land in Kerala equally among us 5 sons - but no mention of which part or plot is for which son.
Unregistered 2nd will or codicil mention exact plot or part of land bequethed to each of us 5 sons.
(1) Will a simple agreement on Rs.100/= stamp paper accepting said unregistered 2nd will codicil signed by 5 of us and getting it attested by Village Officer suffice as partition deed?
(2) One of us 5 is in a foreign land and find it difficult to come now. Will him signing a separate agreement in Indian embassy of that foreign country; or sendig a power of attorney authorising someone to sign on his behalf suffice?
(3) Can any of us 5 take his share as mentioned in the unregd codicil without any agreement by other 4?
Thanks
3 Answers from Attorneys
it is advisable to hire a lawyer in india who would file a suit for partition by metes and bounds on behalf of all the brothers and then the partition would be official and final.
will or codicil is not reqd to be registered or notarised. it neednot be on stamp paper. for other queries like partition deed you may approach a local lawyer with documents.
(1) Will a simple agreement on Rs.100/= stamp paper accepting said unregistered 2nd will codicil signed by 5 of us and getting it attested by Village Officer suffice as partition deed?
Yes, that may suffice as a partition deed. if you want you may get it registered before the office of Tehsildar who is otherwise sub registrar
(2) One of us 5 is in a foreign land and find it difficult to come now. Will him signing a separate agreement in Indian embassy of that foreign country; or sendig a power of attorney authorising someone to sign on his behalf suffice?
sending a PoA to sign on his behalf suffice
(3) Can any of us 5 take his share as mentioned in the unregd codicil without any agreement by other 4?
It may not be advisable to do it in this manner
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