Presence mark in Tehsil
vinod bansal
(Querist) 31 March 2010
This query is : Resolved
R/All Members
My client purchased a property and an agreement of sale was written in this regard and further as per agreement it was sattled in between both parties that sale deed will be executed on dated 31/03/2010 after making remaining payment.on 31/03/2010 my client waited whole day for vendor but he could not present at 5 o clock my client submitted a application before sub registrar with a prayer to mark his presence in sub registrar office as he was present there for execution of sale deed on his part,but sub registrar refused to entertain his application and orally asked that there is no any such type of rule/law in this regard.I want to know under which provision/rules/act anybody can move such application before sub registrar for/marking making his presence.Thanks
Raj Kumar Makkad
(Expert) 31 March 2010
Your client should have even contacted the sub-registrar at 10 AM and then before lunch, after lunch and finally at 5 PM telling about the registration. I think he failed to do so. Anyhow, Sub-Registrar cannot refuse to mark presence by way of affidavit got prepared by your client. Your client can make a written complaint against such sub registrar to the District Revenue Officer-cum-collector of your district. Your cleint must have purchased stamp paper for the purpose of affidavit and might have got it typed and identified. This evidence is sufficient for making complaint.
vinod bansal
(Querist) 31 March 2010
Thanks Makkad ji,kindly mention/let me know relevent provision if possible regarding marking presence as in my given case sub registrar refused to entertain application by saying that there is no such provision in law. Regards
Parveen Kr. Aggarwal
(Expert) 31 March 2010
Mr. Vinod Bansal,
No provision of law makes it mandatory for a party to an agreement to sell to get an affidavit attested or to get its presence marked before the Sub-Registrar. As a matter of fact, the practice of getting presence marked before Sub-Registrar or Executive Magistrate begun as parties started creating evidence of their readiness and willingness by obtaining such affidavits. You can prove the readiness and willingness of your party in any manner and it is not at all necessary that presence be marked before Sub-Registrar.
O. Mahalakshmi
(Expert) 06 April 2010
There is no need to show provision. It is purely depend on complaint against the registrar to collector, an affidavit is enough to make complaint.
