Respected Experts, Kindly extend your help for an ailing senior citizen.
He purchased a flat in 1987, paid stamp duty in amnesty scheme in 1996. The deed is not registered with sub-registrar office. In the meantime, he has fallen sick and bed ridden. He cannot move a step out. Also, he cannot put his signature because of illness. Also, he wants to give gift of this flat to his son and daughter in law. He called a notary and made declaration that he has paid stamp duty on the original purchase deed. He also made a gift deed giving the above property to his son and daughter in law. He made thump impressions before the notary. He also made power of attorney in the name of his son to register the said docouements before the sub registrar. Sub registrar office has already refused to attend his house for registration.
Now the query is -
1. Whether a document which is notarised by a person, can be registered subsequently with the help of power of attorney holder, and in his absence?
2. How such a document can be registered in absence of the person executing the same?
3. Can it be registered after his death?
4. Can his power of attorney holder make a declaration that the person during his life time, has made a declaration stating that he has paid stamp duty on the original document?
5. Can a power of attorney holder, who is a beneficiary under gift deed, register such a document with the help of power of attorney?
Please extend your valuable guidance, and suggestions.
Regards.
deepak.
