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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANANT RAMANATH HEGDE
N.Ramanna S/o Late Nanjundaiah – Appellant
Versus
Syed Kallem Ulla S/o Late Syed Yaseen – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and sale deed. (Para 1 , 2 , 3) |
| 2. defendants' contesting claims on the sale deed. (Para 4 , 6 , 10) |
| 3. trial court findings regarding power of attorney. (Para 7 , 8 , 17) |
| 4. court's analysis on the validity of power of attorney. (Para 19 , 20) |
| 5. final ruling and cancellation of the sale deed. (Para 21 , 22 , 23) |
JUDGMENT :
ANANT RAMANATH HEGDE, J.
1. This appeal is against concurrent finding in a suit for declaration of title, injunction and cancellation of sale deed.
2. Suit is for cancellation of sale deed dated 28.08.2006 executed by 2nd defendant in favour of first defendant and registered before the Sub-registrar at Kengeri, Bengaluru at document No.20183/2006-07.
3. Defendant No.1 is the purchaser under the aforementioned sale deed dated 28.08.2006. Defendant No.2 is said to be the power of attorney holder of the owner of the property who is not made a party to the suit and defendant No.2 claims to have sold the property to defendant No.1 under registered sale deed dated28.08.2006 acting on the power of attorney executed by Sri B.V. Dikshit Kumar.
4. Defendant No.1 contested the suit. First defendant took a contention that he has purchased th
A power of attorney does not divest the principal of the right to sell property unless actively utilized for such conveyance; prior valid sale deeds are upheld.
The validity of the cancellation of a power of attorney and the authority of a sale deed in property disputes.
The main legal point established in the judgment is that the power of attorney holder has the right to exercise the power given in the power of attorney but cannot use such power for personal benefit....
A power of attorney that is not coupled with interest ceases to be valid upon the death of the principal, and any sale deeds executed after the principal's death are invalid unless the validity of th....
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 ....
Validity of the sale-deed, authority of power of attorney holders, compliance with registration requirements.
(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....
A sale deed executed after the cancellation of a power of attorney is invalid under the Power of Attorney Act, reinforcing the principle that authority must exist for legitimate transfer of property ....
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