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I have purchased a property in Corporation limits of Shimoga. As I went abroad immediately after signing the sale deed, my close friend presented the document for registration which was accepted and registered. Later, I came to know that the presentation should be either by executant or claimant or only by a duly authorized agent through power of attorney. I have not given any power of attorney to my friend. I am told that the registration is invalid. Please advise.

- by Rakesh, Shimoga

Section 32 of the Indian Registration Act, 1908 stipulates that any document has to be presented for registration by person executing or claiming under the document or their duly authorised agents by power of attorney except certain cases as provided in Sections 31, 88, 89 which are not applicable in your case. 

Section 23 A of Indian Registration Act provides for re-registration of certain documents. The Sections covers documents which are accepted for registration presented by persons other than authorised persons. In such case, any person claiming under the said documents may opt for re-registration. The time limit is four months from the date on which he becomes aware that the registration of the document presented by unauthorised persons is invalid. The documents may be presented for re-registration in the office of registrar of the district in which document was originally registered. If the authority is satisfied as to the circumstances, the registering authority will re-register the document as though it has not been previously registered and such re-registered document shall be deemed to have properly duly registered for all the purpose from the date of its original registration.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- A year back I purchased a house in Jayanagar. I had paid the Stamp Duty and Registration as calculated by the Sub-Registrar. The Khata is changed to my name and I have paid the upto date property tax. But recently I have received a notice from Department of Stamps and Registration (under valuation) stating that the house is undervalued in the sale deed, and has demanded further stamp duty of Rs. 33,000/-. I have paid the stamp as determined by the sub-registrar. Then how the department can issue a notice?

Q:- I have purchased a flat in a recently constructed apartment at Kanakapura Road. The area comes under the jurisdiction of BDA. All the owners have agreed to form an association. There is some doubt, where the association is to be registered, Registrar of Firms or Registrar of Co-operative Society. Some owners mention that the association has to be registered with the Sub-Registrar. We seek your guidance?

Q:-
I have recently transferred to Bangalore. Being impressed by the City, I want to buy a flat but my resources are limited. Can I register only undivided share of the Land as the flat is still being constructed. Later on completion of the construction, whether possession can be taken supported by possession certificate? Whether this type of transition is legally valid?


Q:- I have been recently transferred to Bangalore. Being impressed by the city, I want to buy a flat but my resources are limited. Can I register only undivided share of the Land as the flat is still under construction? Later, on completion of the construction, whether possession can be taken duly supported by possession certificate? Whether this type of transition legally valid?

Q:- Inadvertently, boundaries of my house site have been wrongly mentioned in the sale deed which is already registered in my favour.  Please let me know how to get this mistake rectified?  Whether will it suffice if I address a letter to the concerned Sub-Registrar to correct my sale deed and their records?  Or whether any rectification deed is to be executed to rectify this mistake?  If so, what are the registration charges payable to registration of rectification deed?