• How to get registry of land if owner is not well

Hi,

I bought a plot in FEB 2021 and executed a proper sale agreement with an owner in DELHI and REGISTRY was fixed on 15th APRIL 2021. He is an old man and due to covid he does not want to risk travelling to Chandigarh.

He does not have local son or daughter and spouse is also old. His children are in Mumbai & Calcutta.

What are possible options to get the registry done without him being able to travel. 

1. Is there a provision of e registry.
2. Can Tehsildaar travel from Chandigarh to DELHI for registery.
3. Can the old man issue a GPA with selling power, if yes then to whom since he has no local son or daughter.
4. Any other option to get the registry done.
Asked 3 years ago in Property Law
Religion: Sikh

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

No provision for e registry 

 

2) tehsildar cannot travel from Chandigarh to Delhi 

 

3) he should issue specific POA in favour of son or daughter register it in Chandigarh 

 

4) sale deed can be registered in Delhi on basis of specific POA 

Ajay Sethi
Advocate, Mumbai
95203 Answers
7607 Consultations

5.0 on 5.0

Hello,

  1. For registration of immovable property of this nature e registration is not available.
  2. No, he cannot travel outside his jurisdiction for registration.
  3. He can issue a GPA to anyone to sell, however, it has to be a Registered PoA and attracts stamp duty.
  4. The only other way is that the man can give PoA to his son to sell and that would save him stamp duty. The PoA will have to travel to Chandigarh for registration.

S J Mathew
Advocate, Mumbai
3561 Answers
175 Consultations

5.0 on 5.0

1. No, there isn't any provision.

2. No, Tehsildaar can't travel from Chandigarh to Delhi for registration.

3.  You can ask your owner  to issue GPA or SPA (Special Power of Attorney) in someone's name but again it is a compulsorily registrable document under the Indian Registration Act, 1908. So, the owner may again refused to go to registrar's office in Delhi due to pandemic.

4. Extend the timeline of sale agreement and buy some time for yourself to get all the work done peacefully sometime later.

Hope this satisfies all your query! All the best !

Abhinav Srivastava
Advocate, New Delhi
33 Answers
1 Consultation

5.0 on 5.0

Dear Querist

My opinion on your queries are as under: -

 

1. Is there a provision of e registry.
Opinion: - No, there is no provision of e-registry yet.

2. Can Tehsildaar travel from Chandigarh to DELHI for registery.
Opinion: - No, Tehsildar has no power to registered the documents. SUb-registrar or Registrar can do it.

3. Can the old man issue a GPA with selling power, if yes then to whom since he has no local son or daughter.
Opinion: - He can execute a GPA to any of his relative or friends as his children are not available. Even he can execute a special power of attorney in your name with the condition of selling the property to yourself.

4. Any other option to get the registry done.
Opinion: - There is no other way, except to wait till the normalization of COVID-19

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

He can execute Special Power of Attorney not GPA in favor of his friend before the Registrar in Delhi. With the SPA his attorney can execute sale deed in your favor at Chandigarh. If any objection is raised, you can approach High Court at  Chandigarh through writ, under the circumstances of covid and age of seller High Court will direct registration  on the basis of GPA.

Ravi Shinde
Advocate, Hyderabad
4075 Answers
42 Consultations

5.0 on 5.0

Dear Sir,

1) No e registry can be done for the same as there is no process for e registry in regard to such property.

2) If the property is in Chandigarh  the thesildar there cannot come to Delhi.

3) The owner will have to execute a POA in favor of someone and for the same also, he will require to get it registered.

4) Parties form both side need to be present for registration.

Thank you

Anik Miu
Advocate, Bangalore
9191 Answers
111 Consultations

4.7 on 5.0

The owner of the property has to execute a registered sale deed in favor of the prospective purchaser before the concerned sub-registrar.

He can authorise his power of attorney agent by executing a registered GPA deed in favor of his power agent to sell the property and execute the sale deed on his behalf for the reasons stated therein. 

 

1. No, the sale deed has to be executed and signed by the seller or his power agent before the registrar.

2. In special cases, when a party to the transaction cannot come to the sub-registrar's office, the sub-registrar may depute any of its officers to accept the documents for registration, at the residence of such person. The term 'immovable property' includes land, buildings and any rights attached to these properties, but it is not known that whether the inter-state sub-registrar can accept to perform this task, you may enquire at Chandigarh SRO.

3. He can execute a POA deed to a third person too.

4. The object and purpose of the Registration Act, 1908 ("the Act") amongst other things, is to provide a method of public registration of documents so as to give information to people regarding legal rights and obligations arising or affecting a particular property, and to perpetuate documents which may afterwards be of legal importance, and to prevent fraud

The Supreme Court while analyzing the question whether the presence of a purchaser of immovable property is necessary before the concerned authority under the Act at the time of effecting a registration of a deed of conveyance in accordance with the Act, examined Section 32 of the Act to answer the question before them. Section 32 of the Act makes it clear that apart from the exceptions envisaged under Section 31, 88 and 89 of the Act, if a document is being registered, regardless of the fact if the registration of such a document is compulsory or optional, would require either (i) some person executing the document or claiming rights under the document, or (ii) by the representative or assign of such a person, or (iii) by the agent of such a person, representative who has a duly authorized power of attorney to be present before the concerned authority under the Act.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. No provision for e registry , and appearance of the parties/POA  with witnesses are mandatory before the Registrar .

2. No, cannot travel out side Delhi

3. Yes, he can issue POA/SPA in favour of any relative or a nearest person to appear and transfer that property in the name of purchaser on his behalf. 

4. Since, the property is based on Delhi , then the sale deed should be executed in Delhi only. 

Mohammed Shahzad
Advocate, Delhi
13529 Answers
201 Consultations

5.0 on 5.0

Hi 

1) The elderly person can execute a registered special power of attorney at place of his residence (Delhi) in favour of any person of his choice and based on the registered special power of attorney, the attorney can execute the sale deed at sub-registrar office at Chandigarh. 

2)The Special power of attorney holder need not necessarily be a relative . It can even be a friend, advocate, etc,(the only criteria is that the power of attorney holder should be acquainted with the elderly person). 

3)Special power of attorney can be granted with selling power (i.e to execute the document at Chandigarh). 

4) As a buyer, the elderly person can also execute a special power of attorney at Delhi in your favour and in turn based on special power of attorney , you can register the sale deed in your favour (you can sign both as buyer and seller) at Chandigarh. The only crux in this case is that you should be willing to travel to delhi for execution of Special power of attorney.

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Dear Sir,

1. Is there a provision of e registry.
Ans. Yes, there a provision

2. Can Tehsildaar travel from Chandigarh to DELHI for registery.
Ans. No, but he may depute one staff member

3. Can the old man issue a GPA with selling power, if yes then to w
hom since he has no local son or daughter.
Ans. only blood relations are entitled for GPA

4. Any other option to get the registry done.
Ans. You may file a suit for specific performance.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer