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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:- I am buying a property at Jakkasandra (old village area) presently coming under City Corporation.  Betterment charges paid receipt and Conversion Order are not there.  Is it possible to register this property?

Q:- My son and I have jointly borrowed money from the bank for purchase of a flat in Bangalore and we are sharing the EMI.  My question is whether the property is to be registered in our names jointly or whether it should be registered in single name? 

Q:- 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.

Q:- I am not able to understand the difference between Katha Certificate and Katha Extract. Could you also brief me about the importance of Encumbrance Certificate? I shall be very grateful to you if you could give me reply to my mail with answers. I shall sincerely look forward to hearing from you soon. Thank you, very truly yours.

Q:- I have purchased a house in January 2003.The sub-registrar of Basavanagudi, where the sale deed was registered, did not agree for the stamp duty paid on the sale deed and served us a notice to pay additional stamp duty of Rs. 6,575/- which was also paid and the sale deed was registered. The registered sale deed is with me. I am in possession of the house. But recently I have received a notice from the Department of under valuation stating that the property is undervalued and to pay additional stamp duty of as Rs. 4,255. As I have paid the stamp duty as demanded by the sub-registrar why this notice? Can I ignore the notice?  Please advice.