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Avinash (Software)     03 September 2012

How a seller (medically unfit) register an assignment deed

Gentlemen,

I need to understand how a Seller (medically unfit) can register an ASSIGNMENT deed to sale his Flat, which is completed but not registered. 

The Seller here is hospitalized and bed-ridden for the past 9 months and cannot travel. I hear from various other sources that GPA and POA is not accepted in registrar office.

Kindly guide me to an alternate approach.

The property is located in Karnataka and the Seller is currently undergoing treatment in U.P. Due to financial constraints the seller needs to dispose this 

Thanks

Avinash



Learning

 8 Replies

Rakesh Dubey (ADVOCATE)     03 September 2012

if assignment deed was prepared by the assignor in favour of assignee before the sickness of the assignor and transcation was completed before the sickness, then approached the High Court seeking permission and/ or direction for commission to get registered the pending deed

Avinash (Software)     03 September 2012

The assignment deed is prepared after the sickness. what will be the proceedings in this

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     03 September 2012

Seller can authorise via GPA/SPA a person to execute and register the SALE DEEDS on his behalf, this has to be registered at the place where property is located and is very much acceptable. Otherwise the Sub-Registrar can visit the seller and ensure himself of execution. There is a provision for that in the registration Act. 

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     03 September 2012

Dear Avinash,

You have stated that the sale transaction and since he was under treatment, the authoirities are refusing to register the deed.

In the above circumstances, it is required to know whether the person is having a sound mind in the hospital or not? if yes then you can ask the local sub-registrars's office and ask them to come over the hospital to get a SPA as well as deed executed before them and later u can come to ur state and get registration of the same.

If is not in sound mind then you have to wait till he gets recovered to have sound mind.

Rakesh Dubey (ADVOCATE)     04 September 2012

None can registered any deed if he or she ( sellers or purchaser) was medically unsound, and if you represent the same before the registrar for registration in that case registrar shall reject the deed. 

if you have registered POA and GPA , then please check the contains of the said POA & GPA, and move according to the same

Rakesh Dubey (ADVOCATE)     04 September 2012

law do't not permit and legally it is wrong and bad,  if any deed or document prepared and obtain the signature of the person who is unsound person, 

Rakesh Dubey (ADVOCATE)     04 September 2012

due to financial constrains you want to sell the property for treatment, in that case approach the High court seeking permission for sell for treatment .

Avinash (Software)     06 September 2012

Gentlemen,

Thanks for your valuable suggestion and guidance.

 

The person met with an major accident and the body part below abdoben is stale, he is undergoing medical treatment. He is mentally fit and sound and can make all decission but physically not recovered and want to avoid the necessity of travel from Delhi to Karnataka.

 

I do hope he can proceed with Adv Bharat's suggestion and hand over a SPA to his friend for proceeding for the registration of the assignment deed.

Thanks

Avinash


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