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Whether a sale deed executed by power of attorney is legal
08-Jul-2023 (In Property Law)
whether a sale deed executed by making unprovoked power of attorney is legal or illegal. could these property be made legal what is the procedures.
Hello,
No property sale on power of attorney: Supreme Court
Property sales through the common practice of general power of attorney will not give ownership title to the buyer.In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.
A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.
"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.
No property sale on power of attorney: Supreme Court
Property sales through the common practice of general power of attorney will not give ownership title to the buyer.In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.
A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.
"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.
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Adv. Urvika Shah
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