Registration of deed
Advocate B. M.
(Querist) 18 January 2013
This query is : Resolved
Dear Experts,
Kindly advice:
If a document purporting to be a family ancestral property with articles describing its settlement in shares is put up for registration before the Registrar of Documents and all the parties have not signed on the documents, mainly the first few persons who are the elders of the family, can such a document be registered by the Registrar? I have recd such a document showing the Registration done initially in 1993 and then some pages stamped and signed in 1994 again by some more signatories. As yet all the signatories have not signed on the document. What is to be done? It is my personal matter. Thanx.
Adv. B.M.
adv. rajeev ( rajoo )
(Expert) 18 January 2013
All the parties to the agreement should be present before the Registrar, otherwise it wont be regd.,
prabhakar singh
(Expert) 18 January 2013
Although document registered in 1993 was not signed by all concerned parties to it so it was not binding on those who did not sign it even if it was not registered.
But as you state that parties left in 1993 ,signed it in 1994,although not a proper way to admit some thing done in absence,since there can not be any alteration on original,it would amount to admission of the document as correct one by those who signed it in 1994 if they admit their signature on it.
Advocate B. M.
(Querist) 18 January 2013
Thank you all. It is this way that out of let us say 25 people who are shown as signatories in the document, only 10 signed it in 1993, and another 10 signed it in 1994, and 5 more are left to sign the document. And also to note is that these 5 who have not signed this document are the senior most elders in the family line. Then what is the validity of this document, and is this part registration done two times a valid registration, as some major signatories are yet to sign the document.
prabhakar singh
(Expert) 18 January 2013
ANY SAME DEED CAN NOT BE REGISTERED TWICE.
THE DEED IS NOT BINDING ON THOSE WHO HAVE NOT SIGNED IT.
Advocate B. M.
(Querist) 21 January 2013
Thank you Experts. I deeply appreciate these advices.
regards,
Adv. B.M.