This is my response to you:

1. You have to register the document within 4 months and maximum 8 months from the date of the execution;

2. Since execution happened so long ago, you will need to get another execution done;

3. Under Section 23 of the Act, subject to certain exceptions, any document other than a will has to be presented for registration Within Four Months from the date of its execution;

4. The Parties followed in such an event is that the parties to the document execute a Deed of Confirmation confirming that the main deed is valid and binding upon them;

5. And also whosoever has signed the deed have to be present before the Registrar;

6. In the alternative they can send an authorized representative to sign on their behalf;

7. It is better that all the members assemble one day and sign and finish of the title transfer immediately.

1) registration of OOA was not mandatory 14 years back

2) on basis of notarised POA sale deed could be registered in your father name

3) registration has been made mandatory after April 2013 in Maharashtra

4) personal presence woukd be necessary fir registration of POA

5) if unable to visit registrar office they can approach sub registrar office to deputy officer at their residence for registration purposes

For registration of Relinquishment deed personal presence is necessary

2) relinquishment deed is not mandatory

3) register the POA

This is my further response to you:

1. Yes you will need to get the Deed of Relinquishment;

2. Since all the other legal heirs have a claim on the ancestral property;

3. If it was self-acquired then Deed of Relinquishment would not be needed;

4. Also an ancestral property cannot be sold to only one of the coparcener;

5. Therefore a Deed of Relinquishment is needed so that all other legal heirs can waive off their rights;

6. Yes all the people have to be present to register the documents;

7. Since the Sub-Registrar will make an entry of all the people who do attend;

8. The people who cannot visit the office can send a representative through a special power of attorney to act and sign on their behalf.

If property card is already mutated in your dad's name, why do you need the poa registered now?

All the brothers and sisters can simply execute affidavit saying that they have given up their rights in the property and will not claim any share at any point of time in future

These affidavits can be made on 100 rs stamp paper and notorised

As property is already transferred in property card, no need of any poa or its registration

Firslty, as the property S of anscestral nature then you may also have your share in it.

Secondly, yes, it can be done by way of POA, but for an instance at least one.

Thirdly, there is no concept of will for the anscestral property, only the person who wants to give his share to anyone then he may have to write up a will but that is also after getting the property as divided.

Fourthly, yes, POA plus relinquishment deed would be necessary to waive off their rights over the property.

it is not mandatory register POA since the sale is done using POA it is completely valid if already transferred in favour of your father vide the sale deed you don't any further need the relinquishment deed.

Relinquishment deed or sale deed both are instrument of transfer so if the property is already transferred their is no requirement of making registered relinquishment deed if already sale in favour of your father is registered further POA also not required to registered if it is notarised.

If still no instrument is made in favour of your father in that case using a POA a relinquishment deed can be made in favour of father and the presence of the brothers not required just POA holder can be present for registration of the relinquishment deed.

1. SINCE the Sale-Deed has been duly "registered" by the local registrar of sub-assurances, on the basis of the notarised POA, the Sale Deed becomes final for all legitimate purposes AND the POA now becomes redundant.

2. HENCE "now" there is no need for registering the old Notarised POA and further legally an old dated POA CANNOT be registered. It could constitute fraud and cheating.

3. IF there exists a relinquishment deed for the Ancestral property, THEN the said property loses status as Ancestral property. Property transferred /mutated on basis of a relinquishment deed is final for all legitimate purposes.

Keep Smiling .... Hemant Agarwal

If on the basis of the unregistered POA deed, a registered sale deed has already been done in your father's name, then there is no necessity for registering the PO deed because there is no purpose that will serve if this unregistered POA shall be registered.

Since the property has been transferred by a registered deed already, then there is no necessity for a fresh relinquishment deed again for the same property.

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No the execution just happed recently in June 2018, we got the property finally transfered because we wanted to sell the property however we ended taking a loan for my education against it since the property was finally transfered in my dad's name, also the POA was done in 1week of June 2018 & sale deed was done in mid of June so these documents are very much valid now do we need a relinquishment deed in this case will the registration of POA be enough and will everyone's presence be needed for both these processes??

The sub-registrar will not entertain the execution of a registered transfer deed on the basis of a notarised POA.

If it has already been done, then there is no necessity for getting the POA registered because it will not serve any purpose.