Udit 14 August 2015

Case of property law and financial fraud

Case:

A and B are brothers. Both of them are co-owners of a ancestral property. It is agreed to sell the property once it's reconstructed or before it's reconstruction depending upon the rate. Proceeds of the property are to be divided equally.

A, the elder brother, is in jail for financial fraud. Case proceedings are yet to be started. Option of Bail is available.

Can B, the younger brother, sell the property with help of spouse/children of A. Or can A and B sell the property when A is out on bail?

Is power of attorny required in this matter?

Reply Follow

1 Replies

Kumar Doab (FIN) 14 August 2015

If the person in jail is not for financial fraud for this property or is prohibited to sell due to financial fraud or outcome then he may be allowed to sell.

REGISTRATION ACT, 1908

38. Persons exempt from appearance at registration office
(1) (a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or

(b) a person in jail under civil or criminal process, or

(c) persons exempt by law from personal appearance in court, and who would but for the provisions next hereinafter contained be required to appear in person at the registration-office, shall not be required so to appear.

(2) In the case of every such person the registration-officer shall either himself go to the house of such person, or to the hall in which he is confined, and examine him or issue a commission for his examination.

https://dolr.nic.in/acts&rules/registrationact%281908%29.htm