• Property registry

Hi,

I am purchasing a property with my wife as the co-applicant and the loan has also my wife as the co-applicant.

However at the date of registry my wife has an official trip. Would it be fine if she signs the deed of sale beforehand and not go to the sub-registar's office.

I had asked for a later date but the sellers are not available on a leter date.
Asked 5 years ago in Property Law
Religion: Hindu

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16 Answers

No sub registrar will not register the property unless all buyers and sellers are present on same day. 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Hi,the buyer has to be present in person at the time of registration..Thumb impression and signatures will be required at the registrar office 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Dear Sir,

 

- Due to digital and online process, both the parties have to be required in personal.

- Any lacuna made to process shall be highly risky for future title.

- Advisable to follow the process.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

1. Without presence and signature on official papers , the registration in absence of your wife is not possible.

2. If she can not remain present on the day of registration she can give you registered POA so in her absence you can represent her  before the Registrar.

3. Else fixa date when all of you can be present in person.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

if she is also a co-owner her signature will be necessary. if she is not available you will require POA holder for her on her behalf to sign.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

It cannot be done like that as presence of all the parties is mandatory before the sub registrar office.

If your wife is unable to appear before the sub registrar on the said date, she will have to execute a power of attorney in your favour to represent her and do the registry. Without POA, it cannot be done.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

She has to be present before the registrar on the date of executing a registered sale deed ion the joint names a;long with you.

She cannot sign the papers elsewhere and remain absent before the registrar on the date of registration of the property.

 

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

No, she will have to be there before the registrar on the date of registration.

Her biometric and thumb impression will be taken there at the time of registry. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Her presence is necessary before sub registrar office 

 

in alternative she can execute registered POA in your favour 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

It is necessary to present buyer and seller before the sub registrar at the time of registration .Thumb impression and signatures will be required for registration. 

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

Not possible,

personal appearance before the sub-registrar is mandatory at the time of property registration.

try for another date

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

She has to got to sub-registrar office for registration.  See she can give a POA to you to sign and execute sale deed in her behalf.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No, her presence is must or ask her to execute POA in your favor than her presence not require.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1.  IT is mandatory to sign, affix thumb impression and photograph, while conducting registering process for any immovable property, BEFORE the registrar of sub-assurances.

2.  IF wife is not available, THEN take a registered Power of Attorney (POA) document from wife in your favor and THEN you can represent yourself and your wife for the office of the registrar of sub-assurances, for conducting registering process for your immovable property,

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear client 

You can register the property only on your name if your wife is not available at the date as a co applicant in the loan does not necessarily be co-owner of the property if your wife name is not mentioned in the loan documents as co-owner of property then registration can be done only on your name. 

Otherwise you have to settle for a mutual date for registration when both parties are available for registration.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your wife may not be able to be present on the date in the registrar’s office.
  2. Yes, it can be done, but for that also your wife will have to execute the POA or GPA assigning you the authority to sign on her behalf.
  3. Recently, after the judgment of the SC, there has been stoppage on GPA or POA in property transactions, but same can be allowed if executed in favour of a close one, like in your case.
  4. Rest, you are most welcome to call me at any time for further legal assistance on this issue.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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