Bodhisatwa Bhattacharyya
Asked January 27, 2017

Flat registration in absence

  • 3 Answers
  • 650 Views

We are seeking your advice on a flat related matter. Background: I have booked a flat with a reputed builder in Rajarhat. Flat comes under Rajarhat gram panchayet. We have done full payment, part of which is bank loan. Now the flat is complete and the promoter wants to hand it over. They are asking for registration. Issue: Currently I am residing in London and do not have any plans to come in near future. When I told this to builder, they sent me a form where I need to give photo, signature and 10 fingerprint and need to send them back. He said, that they will do the commission registration and I don’t have to be present for that. Only that form will be sufficient. I have big doubt on this, because I have heard these days they take bio-metric, photo, digital signature etc. in the registration office. So I did not courier the form to them. Please advise me on : - Should I follow what the builder is suggesting?

Answers 3

Give Specific POA to any of your known person for the purpose of registration of the flat. For this purpose get in touch with a lawyer.

Agree Comment 0 Agrees over 3 years ago

Dear Sir/madam,

It is always advisable to thoroughly go through the documents/form that you are signing or willing to sign. Please go through the contents in the form in full. Never sign a blank form. A Power of Attorney may also be issued in the name of your legal representative to take certain decisions in your absence.

Going by the regular ongoing practice, what generally happens is that “the document gets returned to the person himself, who presents the documents for registration or to the one authorized by him on the counterfoil of the receipt”, (after the registration process is over).

Hence it is advisable that the buyer himself, may present the document for registration or by the person through authorization in his favour, to submit the documents for registration. Our further advice to you would be – to be present in India via physical appearance or through any legal representative appointed by you. So that, God forbids if anything goes wrong in future, you can atleast hold your representative responsible. Taking such precautions of being present in person or any other person authorised on your behalf won’t affect your time or your business that much as in the case of filing a civil suit in future if things don’t turn out the way they are expected to. And let me inform you, such property matters generally take a lot of time to get resolved (looking into the pendency of cases). Thereby, affecting you atleast 10x times in terms of money, time and business.

Ask any of your relatives to be present during the process or else hire a local counsel to look into the matter in your absence. Because there are certain important things that need your attention for example –

  • all the previous dues are paid or not
  • the property is free from all the encumbrances
  • payment / liability (if any) to be taken care of by the buyer or the seller – at the time of handing over the possession of the said property.
  • The abovementioned things are put forth as clauses in the Registry of the property, wherein once written, will determine the legal status of the property in the present and the future. These clauses mentioned in the registry have a binding effect. Also, Registry documents of the property are like the real ownership of the property. No matter who uses or exploits the property per se, the registry decides its fate and establishes the claim over the property.

    Dear Sir/madam,

    It is always advisable to thoroughly go through the documents/form that you are signing or willing to sign. Please go through the contents in the form in full. Never sign a blank form. A Power of Attorney may also be issued in the name of your legal representative to take certain decisions in your absence.

    Going by the regular ongoing practice, what generally happens is that “the document gets returned to the person himself, who presents the documents for registration or to the one authorized by him on the counterfoil of the receipt”, (after the registration process is over).

    Hence it is advisable that the buyer himself, may present the document for registration or by the person through authorization in his favour, to submit the documents for registration. Our further advice to you would be – to be present in India via physical appearance or through any legal representative appointed by you. So that, God forbids if anything goes wrong in future, you can atleast hold your representative responsible. Taking such precautions of being present in person or any other person authorised on your behalf won’t affect your time or your business that much as in the case of filing a civil suit in future if things don’t turn out the way they are expected to. And let me inform you, such property matters generally take a lot of time to get resolved (looking into the pendency of cases). Thereby, affecting you atleast 10x times in terms of money, time and business.

    Ask any of your relatives to be present during the process or else hire a local counsel to look into the matter in your absence. Because there are certain important things that need your attention for example –

  • all the previous dues are paid or not
  • the property is free from all the encumbrances
  • payment / liability (if any) to be taken care of by the buyer or the seller – at the time of handing over the possession of the said property.
  • The abovementioned things are put forth as clauses in the Registry of the property, wherein once written, will determine the legal status of the property in the present and the future. These clauses mentioned in the registry have a binding effect. Also, Registry documents of the property are like the real ownership of the property. No matter who uses or exploits the property per se, the registry decides its fate and establishes the claim over the property.

    Incase you are facing any difficulty pursuing the above advice or want any help in filing the case. Please follow the link below

    https://lawfarm.in/legal_cases/new

    Agree Comment 0 Agrees over 3 years ago

    Yes, this is a general practice in registration. The physical presence of owner is not mandatory as per section 32 (c) of the Indian Registration Act, 1908, registration papers can also be presented by the agent  or representative of the owner (who in this case will be your promoter) if they are duly authorised by the 'Power of Attorney' which is properly executed and authenticated. Your attorney should be present with the registered power of attorney otherwise in the absence of power of attorney it will be a case of impersonation which is an offence punishable under IPC. The registration is also liable to be set aside in civil law in absence of power of attorney.

    So, you should give your photograph, signature and 10 fingerprint as they are the only requirement as per section 32A[1] of the Indian Registration Act. Though your presence is not mandatory but you should engage an advocate here for registration purpose and provide him with a power of attorney.

     

    [1] Inserted by Act 48 of 2001, S. 5.

     

    Agree Comment 0 Agrees over 3 years ago

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