• Registration and jurisdiction

My aunt is ready to give no objection (relinquish her rights if any) over a land(plot) in tirunelveli ambasamudhram jurisdiction to me as my father is no more. But, she can not travel to tirunelveli from her residential place of Coimbatore due to her old age and illness. How can I make a legal process in relevance to this issue at Coimbatore or by any other means?
Regards
Asked 4 years ago in Property Law
Religion: Hindu

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24 Answers

Your aunt can give a power of attorney for this purpose to somebody who can come and sign noc.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. She can execute and register a POA in favour of any one at Coimbatire authorising him/her to deal with the said property including signing a relinquishment deed for and on her behalf.

2. The POA holder can then register the Relinquishment Deed in your favour relinquishing her right, title and interest on the said plot in your favour.

3. Title of a property can not be conveyed through POA but by registering a deed lilke sale/gift/partition/settlement deed.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. First of all a mere NOC is not enough to release one's share in the immovable property in favour of another.

2. Yo do this your aunt requires to make a registered deed if gift or deed if relinquishment which is to bw done at the place where the property us situated.

3. Now if she can't travel she can make a registered power of attorney in favour of her relative who can then make the registration purpose representing your aunt.

4. Your aunt can make such registered poa at her present place of residence only.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

First of the provisions of law is that a sharer can relinquish his/her rights in the property in favor of a co-sharer only and not in favor of the third person, however you and the other legal heirs of your deceased father can step into his shoes as co-sharers and cna get the relinquishment deed in your favor,

If she is not able to travel to Tirunelveli, she can execute a registered POA in favor of anyone other than the beneficiaries to execute the registered release deed relinquishing her rights in the property in your favor on her behalf.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Ask your aunt to execute a registered Power of Attorney to reliable person to complete the registration.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

1) you can make POA on your name get affidavit it and get registered in your area where the plot place is available in registrar office.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Normally the relinquishment /release is registered with the registrar where the property is situated or at District HQ.In both the circumstances your aunt has to present herself.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

Respected sir...

There is no need for NOC just get a POA from her and then you will have right over that property ..Sir A ‘Power of Attorney’ is a legal document that results in the grant of authorisation from one person to another. The authorisation thus gained enables the person who receives it to represent the person who grants it in legal procedures. A Special Power of Attorney confers a set of limited rights on a person referred to as ‘Attorney’ to act on behalf of the ‘Principal’ to fulfill his/her legal obligations; whereas a General Power of Attorney bestows a wider array of rights on the Attorney....Just take that from your aunty and then your work will be easily done ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

Prepare a relinquishment deed. Also execute a power of attorney for the said work and complete the process at the office without your aunt.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

1. Then she may execute a GPA in your favour or any blood relative's favour to authorise you/him to execute the relinquishment deed for and on her behalf.

2. The GPA can be made in Tirunelveli but the relinquishment deed has to be executed in Coimbatore.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

A sub-registrar can verify and register agreements at the residences of buyers/sellers if they are on the death bed or are physically unfit to travel to the registration office.

Get in touch with a local lawyer in Tirunelveli to get the above confirmed.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

your aunt can execute specific POA in favour of family member to execute relinquishment deed

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1) POA can be registered wherein your aunt is currently residing

2) POA should be executed in favour of family member only

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Do not give registered POA to any advocate.

If you have any relative then give this POA to him only.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

This power of attorney should specify the purpose for what it is given and to whom etc.

Thus the mention about the property schedule in the GPA would facilitate the power agent to perform his task easily without any legal hassle.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

POA is power of Attorney which can be given to any person relative or a lawyer to authorise a person on ones behalf to complete the task.

Yes you can mention the specific purpose in the power of attorney that you are giving. You can mention the details and purpose too in power of attorney.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

As per S.28 of the Registration Act, registration shall be done in the registrar office within whose sub-district the whole or some portion of the property to which such documents relates is situated.

Even as per S.48, the registrar may attend at a private residence for the purpose of recording the admission of execution of a document.

However, As per S.51, a sub-registrar shall not proceed out of his sub-district for the purpose.

As per S.34B of the TN Act, POA shall not be registered without photo and thumb impression of the principal and agent.

However, you can request as per S.50 for the execution of the document at your aunt's residence.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Yes, you can mentioned both places address and why you're aunty is giving POA in you're name due to physically not well or could not move from bed et

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

It is not necessary to mention the exact detail of the land in the POA

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As your aunt can not travel due to her old age, then she should execute Special Power of Attorney in favour of any person known/related to her and give him power to appear before the Registrar in Tirunelveli for the purpose to register the Relinquishment Deed on behalf of her in your favour.

Property details should be clearly furnished in the SPA including reasons for appointing a holder in her behalf.

Relinquishment deed is a legal document/instrument where a person legally or formally gives up or releases his legal rights of the said property being relinquished in the name of some other person. This is one of the modes of transferring rights of an immovable property.

.

Mohammed Shahzad
Advocate, Delhi
9885 Answers
121 Consultations

5.0 on 5.0

Hi

There are two options:

1. Your Aunt can complete the paper work at her place and authorize some one to present the papers before the Sub Registrar for registration of the same. You need to do a little bit of extra paper work.

2. You can call the concerned Sub Registrar to your Aunt's place where entire transaction will be completed in person at her place without any problems. The said activity needs certain fee to be paid to the Sub Registrar (official ofcourse). Said act will avoid complications etc.

Your Call......

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. Your lawyer does not have to go to Coimbatore.

2. Your lawyer can draft a GPA and it can be mailed to them on the basis of which the relinquishment deed can be executed.

3. The exact particulars of the land are to be set out in GPA.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. POA is executed and registered for a particular purpose giving specific authority to the POA holder to conduct specific act/s.

2. The specific job should give details of the property in connection with which he will register the Relinquishment Deed.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Registration of land will be done as per it's jurisdiction only not outside jurisdiction.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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