Procedure to get the document registered without going to Sub Registrar office in India

A person residing in USA, Canada, UK, Australia, Singapore or any other nation; or residing in India but a far off place from the Sub Registrar's Office, where the document has to be registered is always faces a dilemma whether his physical presence is required to get the document registered signed by him in favour of others or to get a document registered in his favour signed by others.

There is no need to physically present before the Sub Registrar to get the document registered in favour of others or in favour of self.

I would like to explain through an example.

Raja is residing in New York, USA. He got a flat in Chikkadpalli, Hyderabad, India. Raja wants to sell the flat. Raja need not come to Hyderabad to register the document in favour of the buyer. There are two methods to complete the transaction without Raja being present in Hyderabad.

The first method is executing a General Power of Attorney in favour of a family member or a friend giving all powers to the agent

(family member or a friend) --- to find the purchaser, receive consideration, execute (sign) sale document, present before the Sub Registrar and do all other acts/deeds in connection with this transaction. In this case, Raja need to send a General Power of Attorney duly signed by him in New York and signed by two attesting witnesses. Raja may use a Notary Public of New York as one of the witnesses (it is optional but not compulsory).

If this power of attorney is given in favour of family members (namely-- father, mother, sister, brother, daughter, son, wife, husband, grandfather, grandmother, grandchild) it requires to be stamped with Rs.1000/- after receipt in India. If it is given to a person other than the family member, then it shall be stamped with 1% of the market value of the property. In this case, Raja did not identify the buyer and he does not know the consideration he may get by selling the flat. So he shall be very careful in engaging an agent. Agent must be trustworthy since he receives the consideration from the buyer.

After receiving the GPA in Hyderabad, the Agent shall take the GPA to the District Registrar, Hyderabad and get it stamped under Section 18 of Indian Stamp Act, 1899 with Rs.1000/- if it is given to a family member, or with 1% of the Market Value of the property if the GPA is given to other than family member.

After receiving the GPA, the agent will find a purchaser, receives consideration, signs the sale deed on behalf of Raja (Principal), presents the document before the Sub Registrar concerned and do all necessary acts/deeds that are required to complete the transaction on behalf of the Principal. Raja (Principal) shall have to give his thumb impression and photograph in the Registration Act Section 32A proforma.

The second method is executing (signing) the sale deed by Raja (Principal) in favour of the purchaser.

In this method Raja knows the purchaser and full details of consideration and mode of payment etc.

Raja may obtain fully prepared sale deed in favour of the purchaser along with all the relevant forms either through email (soft copy) or by courier (hard copy). If he gets them through email, then he shall take sale deed (including all forms) printout on a very good quality paper. There is no requirement of usage of any Non-Judicial stamp papers of India. Raja can take printout on a very good quality paper and sign the document.

Along with the sale deed, Raja (Principal) shall also execute a Special Power of Attorney (SPA). In this SPA he authorizes a family member or a friend to present the sale deed signed by him before the Sub Registrar concerned and admits the execution on behalf of him (Raja).

This SPA shall be attested by a Notary Public of USA or Consul or Vice-Consul of India. (Please note that if it is not attested by Notary Public or Consul or Vice-Consul of India, then it is not valid).

After receipt in India, the Agent shall present SPA to the District Registrar, Hyderabad and get it affixed with Rs.20/- stamp duty as per Section 18 of Indian Stamp Act, 1899. On the sale deed, the stamp duty can be paid through challan in the Sub Registrar Office where the document is registered.

The agent can present the sale deed executed by Raja along with the SPA and complete the entire process of registration without any problem.

In case a person residing outside India purchasing the property:- The purchaser residing outside India's presence is not required; but he shall give his thumb impression, photograph in Registration Act Section 32A proforma by printing it on a good quality paper. In this proforma he authorizes a person to present on behalf of him and to sign in the registers of Sub Registrar Office. This does not require any stamp duty.

The above procedure is applicable to the persons residing in any foreign Country.