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Documents execution in Jail

(Querist) 16 July 2009 This query is : Resolved 
Hi friends.

1. Have any rights to prisons for execute the documents in Jail?

2. What are the procedures?

Thanks in advance. Have a great mansoon days.

M. PIRAVI PERUMAL (Expert) 16 July 2009

Year : 1908

Act :



32.Persons to present documents for registration.

32. Persons to present documents for registration.-Except in the cases mentioned in 1*[sections 31, 88 and 89], every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration-office,--

(a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or

(b) by the representative or assign of such person, or

(c) by the agent of such person, representative or assign, duly authorized by power-of-attorney executed and authenticated in manner hereinafter mentioned.

33.Power-of-attorney recognizable for purposes of section 32.33. Power-of-attorney recognizable for purposes of section 32.-
(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely:--

(a) if the principal at the time of executing the power-of-
attorney resides in any part of 2*[India] in which this
Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or
Sub-Registrar within whose district or sub-district the principal resides;

(b) if the principal at the time aforesaid 3*[resides in any part of India in which this Act is not in force], a power-of-attorney executed before and authenticated by any Magistrate;

(c) if the principal at the time aforesaid does not reside in 2*[India], a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, 4*[Indian] Consul or Vice-Consul, or representative 5*** of the Central Government:
1. Subs. by Act 39 of 1948, s. 3, for "s. 31 and s. 89."
2. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States.".
3. Subs. by s. 3 and Sch., ibid., for "resides in any other part of the States".
4. Subs. by the A. O. 1950 for "British".
5. The words "of His Majesty or" omitted, ibid.

20.Provided that the following persons shall not be required to attend at any registration-office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a)
and (b) of this section, namely:--

(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;

(ii) persons who are in jail under civil or criminal process; and

(iii)persons exempt by law from personal appearance in

1*[Explanation.--In this sub-section "India" means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897.(10 of 1897)].

(2) In the case of every such person the Registrar or Sub-
Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court aforesaid.

(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination.

(4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf.

34.Enquiry before registration by registering officer.

34. Enquiry before registration by registering officer.-(1)
Subject to the provisions contained in this Part and in sections 41,
43, 45, 69, 75, 77, 88 and 89, no document shall be register
sanjeev murthy desai (Querist) 16 July 2009
Dear Mr. Piravi Perumal,

Thanks for your reply. I am aware of above said section 33 of Registration Act which provides only the execution of Power of attorney for the purpose section 32 which are compulsory registered document under section 17 of Registration Act.

But I have to execute the douments which are mentioned in section 18 of Registration Act. Is it possible to the person who are in Jail to execute the registration optional documents. Please clarify its an urgent.
A V Vishal (Expert) 16 July 2009

S.38 of the Indian Registration Act, 1908, prescribes conditions where the executant is exempted from personal appearnce before the registering authority, this is not only applicable for S.32 but also registrations U/s. 17 & 18 of the said act.
sanjeev murthy desai (Querist) 16 July 2009

Thank You Mr. Vishal for your reply, both sections cleary provides only for the registrable documents. In the circumstances sub-registrar has be to moove to the Jail and he should be completed registration procedings in Jail only. But my question is just i want to execute the document in Jail only, i dont want to registered that document.
Sarvesh Kumar Sharma Advocate (Expert) 17 July 2009
there is rights to prisons for execute the documents in Jail.
the procedures is file an application (with all particulars)before the court where the person is under trail.
you are lucky that there is mansoon,here in some part of west u.p. there is still no mansoon.

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