Registration of a notarised document.

Adv. Deepak (Querist) 02 March 2010 This query is : Resolved
Respected Experts,
May I Kindly request all of you to extend your valuable guidance in the following matter?
Old man not able to move and sign made a gift deed in the name of his son, paid stamp duty in full and made thumb impression in presence of notary and notary attested the document as Before Me by putting his signature. Now, my question is whether such a document can be presented for registration before sub registrar by his son under proper power of attorney? Can it be registered? Please help. Regards. Deepak

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B K Raghavendra Rao (Expert) 02 March 2010
Power of Attorney can be given by the father in favour of any person but not in favour of his son in favour of whom the gift deed is executed.

Document has to be presented by the executor or his PoA holder. The son has to accept the gift property. Therefore, son cannot present the document for registration even if PoA is executed.

adv. rajeev ( rajoo ) (Expert) 03 March 2010
Notarized document cannot be regd., You can do one thing, if you paid requisite fees sub-register will come to a person who is unable and wants to execute the gift deed.

Ashok Yadav (Expert) 03 March 2010
This document can not be used as POA, and an Donor and Donee may not be same person, notrised document can not be regd. by sub registrar.
If a person is unable to move and he wants to regd. a document, in that case you will have to pay a proper fee and sub registrar can appoint a commission or can go on spot himself and if all the formalities are complete the document will be regd.