Under trial gifting procedure.

shyam lal (Querist) 27 January 2025 This query is : Resolved
What is the official procedure for a under trial to gift his unmovable property to his son.

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An individual awaiting trial, known as an undertrial, retains the legal right to transfer their property as they are presumed innocent. The primary challenge is facilitating the physical registration of a gift deed while incarcerated. This can be achieved through a power of attorney, allowing a trusted representative to act on their behalf, with jail authorities potentially arranging for the registrar to visit the prison to complete the necessary documentation.

T. Kalaiselvan, Advocate (Expert) 27 January 2025
An undertrial is an accused person who is being held in custody by a court of law and is awaiting trial for a crime.
An undertrial is not considered guilty without a trial; under the principle of "innocent until proven guilty," an undertrial is presumed innocent until a court finds them guilty after a trial process.
Therefore to so called under trial who is having clear and marketable title can transfer his immovable property by the legally valid mode of transfer i.e., by registered sale deed or gift deed or any other legally valid mode as any other person does and to any person of his choice.

shyam lal (Querist) 27 January 2025
Very well said. appreciate it. The problem is .how does the under trail go to the subregistar office.. to register the gift deed..who has to be aproached to get the permission. or the concerned Registrar has to be requested to go to the jail to fulfill the documentation.. Do biometric system exists in jails for this purpose.

T. Kalaiselvan, Advocate (Expert) 28 January 2025
To register immovable property while in jail in India, a prisoner can execute the necessary documents within the prison premises through a legal power of attorney, with the jail authorities facilitating the registration process by holding a "commission" within the jail, allowing the registering officer to visit and examine the prisoner there instead of requiring their physical presence at the registration office; this is based on the interpretation of the Registration Act, 1908, which allows for such arrangements in cases where a person is unable to appear at the registration office due to confinement in jail.
Prisoners have a fundamental right to manage their property, including the right to sell or transfer it, even while incarcerated.
The prisoner will need to execute a power of attorney authorizing a trusted person to handle the registration process on their behalf.
This section of the Registration Act empowers the registering officer to hold a "commission" within the jail premises to examine the prisoner and register the document.

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