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SANJAY KUMAR, K. V. VISWANATHAN
G. Kalawathi Bai (Died) per LRs. – Appellant
Versus
G. Shashikala (Died) per LRs. – Respondent
ORDER :
1. Leave granted.
2. These appeals turn open the validity of the registered Irrevocable General Power of Attorney dated 15.10.1990 allegedly executed by Ranveer Singh and his wife, Gyanu Bai, in favour of G. Rajender Kumar, their tenant, and in turn, the validity of the three registered sale deeds dated 16.11.1990, 18.07.1991 and 16.08.1991 respectively executed by G. Rajender Kumar, the power-of-attorney holder, in favour of his wife, G. Shashikala.
3. Ranveer Singh, in fact, denied the execution of this General Power of Attorney, by way of his written statement filed in the suit. In that context, the Trial Court framed an issue as to ‘whether Ranveer Singh had appointed G. Rajender as his General Power of Attorney and whether the sale deeds executed by G. Rajender in favour of G. Shashikala as a General Power of Attorney were valid’. Thereafter, pursuant to the revisionary order passed by the High Court, the very admissibility of the General Power of Attorney dated 15.10.1990 and the three sale deeds executed by the power-of-attorney holder was called in question before the Trial Court and four additional issues were framed. One of the additional issues was whether the alleg
Power-of-Attorney – By merely signing a document on behalf of Principal, a power-of-attorney holder does not lose his status as an agent of that principal and become ‘executant’ in his own right.
A Power of Attorney permitting document execution must be registered, and the court can condone delays in registration due to extraordinary circumstances.
(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 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.
(1) [By Hon'ble Justice M.R. Shah]]Title Declaratory Suit – When plaintiffs claimed title on the basis of two sale deeds, it was for plaintiffs to prove even execution of sale deeds – Defendants were....
A power of attorney is not compulsorily registerable under the Registration Act for the purpose of presenting a deed of sale; furthermore, a suit for declaration against such transactions is subject ....
(1) Rights of POA Holder – POA Holder cannot execute agreement to sell on behalf of Principal where POA is not irrevocable.(2) Interpretation of Documents (POA) – While construing a document, a reade....
Sub-Registrar must receive and process duly presented sale deed by power agent expeditiously; mandamus denied pre-presentation.
No right, title, or interest in immovable property can be conferred without a registered document, validating the necessity for registration per applicable laws.
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