Relinquishment deed if one family member is in prison
I have a flat in my father's name who is deceased and mother also deceased. My sisters and brother agreed that the flat should be on my name but the problem is my brother is in jail for life imprisonment. He wants to do the release deed for me. But how can he do it staying in jail ?
Asked 9 months ago in Property Law from Mumbai, Maharashtra
the registering authority is approached on behalf of the prisoner for registering a document which he is otherwise entitled to execute, it shall ordinarily be the duty of the said authority to hold a commission inside the precincts of the correctional home for effecting presentation of the instrument for registration in terms of Section 31 of the said Act...
2) since your brother wants to execute relinquishment deed approach sub registrar office
and sub registrar can go to jail premises to register relinquishment deed
3) Section 31 of the Registration Act entails that under special conditions the Registrar can go to the residence of the person’s house to register sale deeds. The High Court read ‘prison’ as ‘temporary residence’ of prisoner, and held that registration.can be done at jail premises
1. The convicted accused person does not have right to execute contract.
2. only if the court granted him liberty to execute power of attorney then only he can doso.
3. In that event you can get the release deed done from your siblings who are free to do so.
4. When the said brother comes out then get such deed executed from him.
Hii, you have to file a application in high court under section 482 Crpc , stating the reason and asking for the permission to allow interim bail to make a release deed in your favour ..
Advocate, New Delhi
you can prepare all the document and produce it before the civil court for obtaining his signature, he may be remanded by the court and execute the deed in the court.
take a parole. court can grant a parole for 1 day to execute this deed in the registrar office. you have to file an application for granting parole.
Is your brother in jail as an undertrial or as a convict? If he is an undertrial then he can file an application to the court where the case is being tried to allow him to to be taken in police custody to the office of sub-registrar to execute the relinquishment deed.
He is convicted for the crime. But he is not in Mumbai. My property is in Mumbai. So can sub registrar go to his prison and take his signature ? If so then how much time will it take ? And who will be applying to the registrar in Mumbai ? Me or my brother? And who will apply to the jail authority? Me or my brother? What is the approximate cost of this procedure? Can this procedure go vice versa? I mean what if he comes to Mumbai regustrar office ? Is it possible? If he is coming to Mumbai then do i need to get prior appointment of registrar or the jail authority will do the procedure?
Asked 9 months ago
1) sub registrar can go to prison to take brother signature
2) we cannot say how long it will take
3) your brother can make application in writing to sub registrar
4) cots would be nominal
5) you can approach sub registrar office on behalf of your brother
1. SR will not go to jail to take his signature.
2. You have to bring your brother from the jail to SR's office, for which a parole petition can be filed.
He can execute a power of attorney in favor of anyone outside and get the POA deed registered, after which the power agent can transfer the rights by executing a registered release deed in his behalf in favor of the chosen beneficiary.
The power of attorney deed executed in the jail can be attested by the prison superintendent, after which the POA agent can get it registered within the local sub-registrar's office in his favor and proceed with the proposed transaction.
Since he is lodged in a prison away from the geographical jurisdiction of the property situate, bringing the registrar to the prison may not be feasible, hence it would be better to go by the power of attorney/agent line.
It will be cost effective too