Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
In cases where the party itself is ineligible or the appointment is not made within the prescribed timeframe, courts have held that the court or designated authority must appoint an arbitrator ["Intouch Technologies (India) Pvt. Ltd. VS Ashwarya Builders - Andhra Pradesh"], ["Intouch Technologies (India) Pvt. Ltd. VS Ashwarya Builders - Andhra Pradesh"], ["Intouch Technologies (India) Pvt. Ltd. VS Ashwarya Builders - Andhra Pradesh"].
Analysis and Conclusion:
References:- ["Intouch Technologies (India) Pvt. Ltd. VS Ashwarya Builders - Andhra Pradesh"]- ["Intouch Technologies (India) Pvt. Ltd. VS Ashwarya Builders - Andhra Pradesh"]- ["Intouch Technologies (India) Pvt. Ltd. VS Ashwarya Builders - Andhra Pradesh"]- ["WIPRA FINANCE LTD. VS SRG INFOTECH (INDIA) LTD. - Delhi"]- ["M/s.Prime Store, Represented by its Partner, Mr.S.Kaarthi vs Sugam Vanijya Holdings Private Limited - Madras"]- ["M/S GURGAON INFOSPACE LIMITED & ANR vs M/S THE FOOD PLANET THROUGH ITS PARTNER - Punjab and Haryana"]
In the world of property transactions, registering a lease deed is a critical step to ensure legal validity and protection against disputes. But what happens if the signatory can't or doesn't want to appear personally before the Sub-Registrar? A common question arises: Whether a signatory to a lease deed can appoint and nominate another person to appear before the Sub-Registrar?
This issue touches on fundamental principles of the Registration Act, 1908, aimed at preventing fraud and verifying authenticity. In this post, we'll explore the legal stance, key case laws, exceptions via power of attorney, and practical tips for compliance.
Generally, a signatory to a lease deed cannot appoint or nominate another person to appear before the Sub-Registrar on their behalf unless explicitly authorized through a proper power of attorney or similar valid authority. Simply being a party to the lease deed does not grant automatic permission to send a representative for registration. Delhi Development Authority VS S. G. G. Towers (P) Ltd. - 2025 4 Supreme 474
The Registration Act emphasizes personal appearance to confirm identity and execution, making proxy appearances invalid without formal authorization. Harish Kumar Singhania VS State of Jharkhand - 2022 0 Supreme(Jhk) 180
The Registration Act, 1908, mandates that executants of documents like lease deeds typically appear in person. This ensures the Sub-Registrar can verify identity and voluntariness, safeguarding against impersonation or coercion.
In one key judgment, it was held that the Sub-Registrar is obligated to ensure proper identification and verification of the parties involved. Harish Kumar Singhania VS State of Jharkhand - 2022 0 Supreme(Jhk) 180 This underscores the quasi-judicial nature of registration.
A related case on sale deeds reinforces this: even if a Registrar directs registration, personal appearance of the executant is crucial unless denied in writing. The court noted, Personal appearance of executant before Registrar to admit or deny the execution of the deed was not necessary to constitute the denial of execution—After specific denial of execution in any form, Registrar can direct for registration. VIDHYAWATI VS DISTRICT JUDGE REGISTRAR - 2012 Supreme(All) 1610 While focused on sale deeds, the principle applies analogously to leases, highlighting strict verification.
Appointment of a nominee hinges on explicit, documented authority. Mere nomination fails; a valid power of attorney (PoA) is essential.
For instance, if a signatory is abroad or ill, they can grant a registered PoA empowering an agent. This agent then presents it during registration.
Status as a signatory alone doesn't suffice. The law doesn't recognize informal nods or verbal permissions. Delhi Development Authority VS S. G. G. Towers (P) Ltd. - 2025 4 Supreme 474 Courts have clarified that Sub-Registrars verify the present person's link to the executant, rejecting unsupported nominations.
While strict, exceptions exist:
In lease contexts, related disputes like those in arbitration clauses show nomination limits. For example, a lease deed with arbitration didn't permit ineligible parties to nominate arbitrators, stating, It is inconceivable in law that person who is statutorily ineligible can nominate a person. Liquidator, The Karamsad Urban Co Operative Bank Ltd. VS Suprintendent Of Post Offices Anand - 2020 Supreme(Guj) 1001 This parallels registration's strict eligibility.
Another case involved a lease deed submitted for registration where family NOCs were issued, but specific performance was denied due to non-fulfillment—yet validity hinged on proper submission. Pankhuri Mishra VS Rinzing Lachungpa - 2020 Supreme(Sikk) 92 It illustrates registration's foundational role in enforceability.
Broader case law provides context:
These highlight that procedural lapses, like improper representation, can invalidate documents downstream, affecting enforcement or sales.
To avoid pitfalls:
Non-compliance risks rejection, delays, or court challenges, as seen in cases where deeds were returned for deficits. S. N. Kirubanandam VS Sub Registrar - 2014 Supreme(Mad) 3694
In summary, lease deed signatories typically must appear personally before the Sub-Registrar unless armed with a valid power of attorney. This upholds the Registration Act's anti-fraud intent. Delhi Development Authority VS S. G. G. Towers (P) Ltd. - 2025 4 Supreme 474Harish Kumar Singhania VS State of Jharkhand - 2022 0 Supreme(Jhk) 180
Key Takeaways:- No automatic right to nominate without PoA.- Personal verification is paramount.- Use documented authority for proxies.- Related cases affirm procedural rigor in property docs.
This post provides general insights based on legal precedents and is not specific legal advice. Consult a qualified lawyer for your situation, as laws may evolve or vary by jurisdiction.
Stay informed on property laws to secure your transactions!
#LeaseRegistration, #SubRegistrar, #PowerOfAttorney
In that, in the event of any dispute arising between them, as mentioned therein, each would nominate their Arbitrator, who in turn would appoint an umpire. ... It is required to notice that if the procedure under sub-section (3) of Sec. 11 of the Act applies, the provisions of clause (a) of sub-section (4) of Section 11 of the Act, come into play, and as per which, if a party fails to appoint an arbitrator within thirty days from the receipt of a request to ... Be that as it is, the lease#HL_E....
In that, in the event of any dispute arising between them, as mentioned therein, each would nominate their Arbitrator, who in turn would appoint an umpire. ... It is required to notice that if the procedure under sub-section (3) of Sec. 11 of the Act applies, the provisions of clause (a) of sub-section (4) of Section 11 of the Act, come into play, and as per which, if a party fails to appoint an arbitrator within thirty days from the receipt of a request to ... Be that as it is, the lease#HL_E....
In that, in the event of any disputes arising between them, as mentioned therein, each would nominate their Arbitrator, who in turn would appoint an umpire. ... It is required to notice that if the procedure under sub-section (3) of Section 11 of the Act applies, the provisions of clause (a) of sub-section (4) of section 11 of the Act, come into play, and as per which, if a party fails to appoint an arbitrator within thirty days from the receipt of a request ... Inasmuch as the respondent having receive....
At the cost of repetition, we may state that when there are two parties, one may nominate an arbitrator and the other may appoint another. That is altogether a different situation. ... Hence, the Petitioner is not intending to renew the lease deed. ... deed. ... It is inconceivable in law that person who is statutorily ineligible can nominate a person. Needless to say, once the infrastructure collapses, the superstructure is b....
It is of course open to a settlor to appoint trustees himself or to nominate some other person to do so, and he may confer upon the trustees such powers as he pleases. The commonest of these powers is a power to nominate a successor in the trusteeship. ... Trustee-Ordinance No. 7 of 1871, ss. 4, 5-Trustee appointed under a postnuptial settlement deed-Death of trustee without appointing a successor- Successor nominated by District Court-Power of such trustee to substitute another#HL_....
deed. ... deed agreement. ... another as an arbitrator. ... Another facet needs to be addressed. ... an arbitrator and the other may appoint another.
Thereafter, the parties herein entered into a deed of lease dated 12.09.2018 registered as Doc.No.3779 of 2018, in the Sub-Registrar Office, Anna Nagar. ... At the cost of repetition, we may state that when there are two parties, one may nominate an arbitrator and the other may appoint another. That is altogether a different situation. ... Schedule, shall be ineligible to be appointed as an arbitrator and that once such person becomes ineligible by law to be the arbit....
another as an arbitrator. ... It is inconceivable in law that person who is statutorily ineligible can nominate a person. ... Registered lease deed was executed between the are the arbitration clauses of the registered lease deed, which Director is statutorily ineligible to nominate any person as an p style="position:absolute;white-space:pre;margin:0;padding
The dispute resolution between the parties in terms of what is generated on the sub-lease is dealt with under clause 27 of the said lease deed. ... deed and also proposing to nominate one Sri Gireesha Kodgi, Advocate/2nd respondent as the sole Arbitrator to adjudicate upon the dispute generated in terms of the lease deed. ... A lease deed came to be executed by Mr. Jaideep L and Mr. ... On 14-10-2016 the peti....
... ( 2 ) THE disputes between the parties arise out of the lease deed dated 28/10/1993 in respect of premises A-1/26, safdar jang Enclave, New Delhi by the appellant in favour of the respondent. The said lease deed incorporated an arbitration clause. ... In view of the failure of the respondent to hand over vacant possession in terms of the lease deed despite a letter dated 6/11/1996, the arbitration clause was invoked by the appellant. ... APPOINTMENT of arbitrators :- (1) A #HL_STAR....
1 had submitted the lease deed before the Sub-Registrar, East District for registration. 1 had issued No Objection Certificate (NOC) in favour of the defendant no. The brother, mother and father of the defendant no.
In view of the above reasons, the sale deed executed by the Agreement holder as one of the Vendors or as Confirming Party has to be treated as an instrument which brings to the fore the deemed conveyance which happened in favour of the agreement holder by virtue of execution of sale agreement in his favour and hence, such instrument is to be treated as instrument comprising two sales. But while doing so, the Agreement holder would lose his right to nominate a person as purchaser, for execution of sale deed in favour of that person by the vendor. The above order comes into effect from 14.09.2....
A.- Whether Registrar can direct the Sub Registrar to register the sale-deed specially when Brij Lal did not appear in person to admit the execution of sale-deed before District Registrar? 8. In view of undisputed facts and submissions of the counsels for parties two impotent questions arise for consideration to decide this writ petition. B.- Even if the answer of question -A would be in negative any relief could be granted to the petitioners in this writ petition after death of Brij Lal ?
As discussed hereinabove, the difference between the proclamation of auction and sale as well as the actual auction, should be, 30 days and the property should be properly valued and the minimum price as well as estimated price should be indicated in the newspaper. Moreover, under rule 285A only Collector may appoint an Assistant Collector to conduct the auction and sale of property. Accordingly, auction and sale of the property has been done in violation of Rules by a person who was not competent to do so. Sub-Divisional Magistrate is not competent to nominate or appoint a person/....
Sub-Divisional Magistrate is not competent to nominate or appoint a person/Naib Tahsilder to hold auction. Accordingly, auction and sale of the property has been done in violation of Rules by a person who was not competent to do so. Moreover, under Rule 285-A; only Collector may appoint an Assistant Collector to conduct the auction and sale of property.
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