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For transferring property do we need to register documents or notarize


03-Mar-2023 (In Property Law)
We have property in Uttrakhand. The original owner lives in Gurgaon. The registry was closed in Uttrakhand. But she can't come here so we went to gurgaon we took papers from her which where notarized. Documents like Power of attorney and certain other documents. Now since the registry was open and we wanted to register those documents the lawyer over there is saying that the papers are just notarized and not registered. So is this valid?
Answers (4)

Answer #1
924 votes
Only through registered power of attorney, property can be transferred. After the suraj lamp judgement, transfer of immovable property through power of attorney has to pass through some strict tests. I would suggest you to obtain all other documents along with power of attorney.
Answer #2
816 votes
You want to register which documents..
Have you purchased the property from the owner staying in Gurgaon.. is is freehold or leaehold property// if the property has been transferred in owners name by way of notarized documents, then such transfer is not valid as the transfer of immovable property is always done on the registered documents you have to pay the stamp duty on it..
Answer #3
777 votes
In law no immoveable property can be transferred without valid registered documents. Notarized documents like Power of Attorney etc. can not validly create interests in any immoveable property. However, a validly executed documents can be subsequently got registered within the prescribed period of time under the Registration Act. One can advise you in detail only if all of the documents are provided to him. Before forming any final opinion, the recent notification whereby registration was opened, may also be required to be considered.
Answer #4
814 votes
For a valid transfer of title, a sale deed is required to be executed which has to be registered before the concerned sub-registrar. Since, you are in possession of only notarized documents, you would have to approach the mutation authorities in Uttarakhand for execution and registration of necessary documents to confirm your title. You may require no-objection affidavit from the original owner and/ or your family members. Once, mutation is carried out, you would have a valid title.

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