Want to a registry but 1 person is not agreeing to sign in registrar

587 votes

Hello Sir/mam There are several remedies to deal with it  Feel free to contact over phone call or whats app for further assistance or Advice Thank You Regards Advocate Kuber Hooda Punjab and Haryana High Court

Advocate Kuber Hooda LawRato

930 votes

Hello It’s very complicated but there might be some loopholes . However, I need to have the property id and last sale deed of the property. We need to discuss after that . For further information, feel free to reach me. Thanks

Advocate Nitanshu Sharma LawRato

531 votes

Legal Reply: In your case, since there are 13 legal heirs and 12 are willing to appear and sign at the Registrar's Office, but one (your father's elder brother) is unable to be physically present due to lack of time, yet is willing to sign—there is a lawful way to proceed. Under Indian property law and the Registration Act, 1908: Execution by Power of Attorney (PoA): If your uncle (father's elder brother) is unable to appear personally, he can execute a Special Power of Attorney (SPA) in favour of any trusted person (including another legal heir or family member) authorizing them to appear before the Sub-Registrar and sign the registry on his behalf. Execution Requirements for SPA: The SPA must be signed and notarized by your uncle. If he is outside the district/state/country, it may need attestation by a Notary Public or Indian Consulate (in case of abroad). The SPA should clearly mention the purpose, i.e., to execute and sign the sale deed/transfer deed on his behalf for the specific property. Presentation at Sub-Registrar Office: The attorney-holder (the person authorized via SPA) will then present the document for registration and sign on behalf of your uncle along with the other 12 heirs. Important Note: Oral consent or signing at home without presence or legal authorization is not valid for property registration. Presence or valid Power of Attorney is mandatory. Conclusion: Yes, the registry can still be done if your uncle executes a Special Power of Attorney. This is a legally valid solution when a party is willing to sign but cannot appear in person.

Advocate Mahinder Singh LawRato