Registration in Tamil Nadu -reg
Sunlawseeker
(Querist) 20 December 2010
This query is : Resolved
Dear Advocates !
My friend got a POA for the purchase of an house from a joint family whereof "Kartha" was died intestate.
Now, He wants to make sale deed on his son's name.
He got Power from District Registrar office.
But,the competent Sub-Registrar Denies the transaction by asking Death certificate, legal heir certificate etc., of the intestate deceased person, on whose name the property was lying, to register the sale deed.
Whether The Sub-Registrar has power to ask so? if not, pls let me know the provision.
Thanking you
Regards,
V.Sundaresan
R.Ramachandran
(Expert) 20 December 2010
Your question is quite confusing.
One time you say that your friend has POA for purchase of a property from a Joint Family. (Kartha died).
Next time you say that 'now he wants tomake sale deed on his son's name'. Do you mean to say the son of the Kartha? If so the 'he' refers to your friend?
You say that he got power from District Registrar Office. Who got power?
The property is in whose name?
If it is in the name of the HUF, who is the Kartha of the HUF now?
Sunlawseeker
(Querist) 20 December 2010
Sorry sir,
Let assign Parties involved in this transaction as follows:
A = Deceased Intestate
B= My friend
C to J = Legal Heirs of deceased intestate.
K = My Friend's Son.
Here, C to J jointly executed a POA in favour of "B" ( i.e., My Friend ) in District Registrar Office.
Now, "B" wants to do sale deed to his son "K" in the competent Sub-Registrar Office Wherein the POA was not registered.
Whether the Sub-Registrar has power to ask death certificate, legal heir certificate etc from my friend "A" though he got registered POA from legal heirs of deceased Mr."A"?
This is what my doubt sir?
Sorry for the confusion.
s.subramanian
(Expert) 20 December 2010
No.The registrar has no power to probe into the matter of title. He has to merely register the document if the execution of the deed is admitteed and the valuation and the stamp duty paid are right.
R.Ramachandran
(Expert) 20 December 2010
Dear Mr. Sundaresan,
You have not given answers to my following questions:
The property is in whose name?
If it is in the name of the HUF, who is the Kartha of the HUF now?
Guest
(Expert) 20 December 2010
Of late, the District Registrars are legally obliged to ask for any information before Registration of the properties due to abundant caution. In your friend's case also, the Registrar has 100% power to seek details.
s.subramanian
(Expert) 21 December 2010
There is no provision of law under the Indian Registration Act which empowers the Registrar's to seek any such details at all. It has been lamented even by the Madras High Court in a recent judgment that the absence of such legal provisions is leading to a lot of fradulent transactions being registered . Unless necessary amendment is brought to the Registration Act,in this regard,no such powers can be exercised by the Registrars.
Sri Vijayan.A
(Expert) 21 December 2010
The Sub-Registrars have been advised by Inspector General of Registration to verify the previous records.
It is in vogue now in TN
Advocate. Arunagiri
(Expert) 22 December 2010
The registrar has to mechanically register the document. He is having powers to collect the correct fees that's all.
