release deed registration

Querist : Anonymous (Querist) 20 April 2010 This query is : Resolved

My fathers sister , is although literarte and can sign the documents but due to severe disease she cannot even sign on papers of release deed , she is lieing on the death bed , please suggest how can she register release deed , will it be okay for her to give thumb impression , is it admissable by registration authorities and court. is there any legal provision rega rding that , can witness certify this ? what is the way out in this matter?

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R.R. KRISHNAA (Expert) 20 April 2010
If she is unable to present herself before the registration office due to ill-health, you can request the registrar to come to your aunt's house and complete the registration formalities in the presence of a doctor and two other witnesses in the locality. The registrar shall upon ascertaining from your aunt that she has understood the contents of the release deed read to her in the language of her understanding and after being satisfied that she is medically fit to execute the deed shall then register the deed.

If she is unable to sign then thumb impression is sufficient.

Raj Kumar Makkad (Expert) 20 April 2010
Nothing to add in the pinion of krishana

B K Raghavendra Rao (Expert) 20 April 2010
Thumb admission is admissible subject to affixation before witnesses.

Akhilesh Kumar (Expert) 21 April 2010
I do agree with R.R. krishna opinion, but if she is not conscious then?or if registrar does not co-operate then?
then they have to file an affidavit mentioning therein all story.

Uma parameswaran (Expert) 22 April 2010
In addition to the above suggestions ,a medical officer's presence and his certificate is necessary.If the document is executed in the presents of legal heirs their non objection also needs to mark.

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