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IN THE HIGH COURT OF ALLAHABAD
RAJAN ROY, MANISH KUMAR, JJ.
Ram Kumari – Appellant
Versus
State Of U.P. – Respondent
Writ C No. 2607 of 2023
Decided on : 24-05-2023
Indian Penal Code, 1860 – Section 302 – Registration Act, 1908 – Section 38, 36, 37 – Power of Attorney – Permission to sign documents – Persons exempt from appearance at registration-office – Offence of murder – Held, Let exercise of execution and signing of sale deed be completed within fifteen days of receipt of certified copy of this order, if occasion so arises and, thereafter, for purposes of registration of said document, Sub Registrar, or whosoever is Sub Registrar having jurisdiction over matter would visit District Jail, where son of petitioner is said to be lodged within fifteen days so that sale deed is registered in terms of aforesaid provisions unless there is any legal impediment in this regard in which case, he shall inform Jail Superintendent in writing, who in turn shall inform son of petitioner – Petition disposed of.
JUDGMENT :
1. Let the Sub-Registrar, Malihabad, Lucknow be impleaded as an opposite party during course of the day.
2. Petitioner is the mother of Budhi Lal, who has been convicted of the offence under Section 302 read with 34 I.P.C. in Sessions Trial No. 471 of 2010 (Case Crime No. 577 of 2009), Police Station Malihabad, District Lucknow and is in prison.
3. Petition has been filed seeking following relief:-
4. We had heard this matter at length on earlier date i.e. 06.4.2023 and passed the following order :-
"(i) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite party No.2 i.e. District Magistrate, Lucknow to decide the representation of the petitioner dated 29.08.2022 and permit to the petitioner to get execution of registered power of attorney from her son namely Budha Lal @ Budhi Lal in the interest of justice."
5. Petitioner is mother of Budha Lal @ Budhi Lal, who has been convicted in S.T. No.471 of 2010 arising out of Case Crime No.577 of 2009, under Section 302 read with 34 IPC, Police Station-Malihabad, District-Lucknow and has been sentenced to death subject to its confirmation by the High Court. On account of which, he is in jail. Son of the petitioner, who is convict as of now, owns some land and he has not been able to challenge his conviction before the High Court on account of paucity of funds. The petitioner-mother says that if a Power of Attorney is executed by her son in her favour for selling of his land, then sale consideration can be used for contesting the judgment before the High Court. In these circumstances, this petition has been filed.
6. Learned counsel for the petitioner relies on Section 38 of the Registration Act, 1908, which reads as under:-
(1) (a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or
(b) a person in jail under civil or criminal process, or
(c) person exempt by law from personal appearance in Court, and who would but for the provisions next hereinafter contained be required to appear in person at the registration-office, shall not be required so to appear.
(2) In the case of every such person the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination."
7. According to the said provisions, a person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office or a person in jail under civil or criminal process, shall not be required so to appear, i.e., the appearance referred in Section 36 & 37 of the said Act, 1908 for the purposes of registration.
8. The contention is that Sub-Registrar may visit the son of the petitioner in jail for registration of the Power of Attorney. We are of the opinion that it is the son who has to decide as to whether he wants to execute a Power of Attorney in favour of his mother for the purpose preferred in the petition or not and if he does, then a power of attorney will have to be executed and will have to be signed by the son of the petitioner and such other persons as may be required in law. We find that exemption from appearance at the registration office is only for the purpose of registration but unless the Power of Attorney is executed as per the desire of the petitioner's son, who is in jail, there is no question of Sub-Registrar visiting the son in jail for the aforesai
A prisoner's right to execute a document and the registration process as per the Registration Act 1908.
A registered power of attorney holder can present a deed for registration without the principal's presence, as the Registration Act mandates registration when properly executed.
A Power of Attorney permitting document execution must be registered, and the court can condone delays in registration due to extraordinary circumstances.
The legal provisions of the Registration Act were central to the court's decision, emphasizing that the insistence on registering the power of attorney was contrary to the law.
The Sub Registrar's role is administrative and limited to ensuring compliance with statutory formalities, and he does not have the authority to adjudicate or evaluate the rights of parties to make a ....
(1) Challenge to very execution of a document, is a challenge to its very DNA and any defect or illegality on execution, is congenital in nature.(2) Examining whether Registering Authority did someth....
A patta is not a title document and does not confer ownership; registration requires valid title documents.
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