Civil Procedure Code (CPC)

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Registration of land while the legal heir is in jail

Querist : Anonymous (Querist) 30 July 2021 This query is : Resolved 
Dear experts,

A person died, and he is survived with wife, two daughters and a son.
But the son is in Jail now.
If the family wants to repay the debts (that the deceased had borrowed) by selling the lands they own, is there a way to sell the lands without the signature of the son?
If that is not possible, is there a way we can obtain the signature of the son from the Jail to sell the property?

Thanks in Advance.
kavksatyanarayana (Expert) 30 July 2021
Without his signature, you can not sell the property. You have to submit an application with necessary fees (vary from one state to another state) to the Sub Registrar concerned to attend him to jail for obtaining his signature and thumb impression with the permission letter issued by the Jailer concerned. Then the Sub Registrar will attend to the jail. So first, you have to obtain permission from the Jailer concerned.
Advocate Bhartesh goyal (Expert) 30 July 2021
Yes, without signatures of all legal heirs on sale deed ,it will be considered illegal.Any legal heir of deceased has to file application to Sub Registrar to make arrangements to obtain signature and thumb impression of deceased son from jail so that a valid and legal document may be executed.
Dr J C Vashista (Expert) 31 July 2021
I agree and appreciate the opinion and advise of experts Mr. Kavksatyanarayana and Mr. Bhartesh Goyal.

Besides filing application before concerned Sub-Registrar to visit jail to seek signature and thumb impression of seller (son stated to have been lodged in jail) you may get attorney of the shareholder in jail, however, again it would require to be registered (although it is optional) with Sub-Registrar,
P. Venu (Expert) 31 July 2021
Which jail - is it at a within the jurisdiction of the SRO concerned?
T. Kalaiselvan, Advocate (Expert) 25 August 2021
If the person in jail has been sentenced to this imprisonment for killing the deceased, then he may not be entitled to a share in the property belonging to the deceased.
If otherwise, then the other legal heirs cannot sell the property without involving the person in the jail who is also one of the legal heirs to the deceased.
They can arrange to get his signature in the registration document from jail itself by making payments to the registrar to visit the jail to obtain his signature for this.


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