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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM
Ranadeep Kanchan, S/o. B. Sadhu Karkera – Appellant
Versus
Kishore Devadiga, S/o. Vishwanatha Devadiga – Respondent
j
JUDGMENT :
SACHIN SHANKAR MAGADUM, J.
The captioned appeal is by the subsequent transferee who has questioned the judgment and decree rendered in O.S.No.47/2011, wherein the trial Court has decreed the suit thereby declaring the deed of cancellation dated 18.12.2007 executed by defendant No.1 and consequent sale deeds dated 28.06.2008 and 20.11.2010 entered into between defendant Nos.1, 3 and 4 as void documents. These sale deeds are accordingly set aside. The present appellant who is a pendente lite purchaser has questioned the decree granted in O.S.No.47/2011.
2. For the sake of brevity, the parties are referred to as per their rank before the trial Court.
3. The plaintiff, who is the son of Defendant No.1, has filed the present suit seeking a declaration that the cancellation deed dated 18.12.2007, registered in the office of the Sub-Registrar, Mangaluru Taluk, is fraudulent, null, and void. Consequentially, the plaintiff also seeks a declaration that the sale deed dated 28.06.2008 executed by Defendant No.1 in favour of Defendant No.3, and the subsequent sale deed dated 20.11.2010 executed by Defendant No.3 in favour of Defendant No.4, are likewise void documents.
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4. The plaintiff
A registered General Power of Attorney, if unchallenged, retains legal effect, and deeds executed thereunder are valid despite subsequent allegations of fabrication.
A minor can be a transferee of property, and a sale deed executed in their favor is valid despite their incapacity to contract.
The judgment emphasizes the importance of timely and proper legal action, and the need for plaintiffs to make clear and consistent pleadings to support their claims.
In a suit for declaration of title, the burden lies on the plaintiff to establish their title, and failure to do so results in dismissal, regardless of the defendants' claims.
The burden of proof rests on the party asserting forgery, and co-ownership entitles plaintiffs to seek declarations without claiming separate possession.
Agents may execute sale deeds within their authority; failure to set aside such deeds results in enforceability. Remedies against breaches of power are financial rather than reclaiming properties.
The burden of proof regarding the validity of executory documents lies with the party alleging their legitimacy in property disputes.
A General Power of Attorney (GPA) executed post-payment cannot be unilaterally cancelled without a registered deed; cancellation via notice is legally invalid, creating no valid cause of action for t....
General Power of Attorney ceases upon the death of the principal, invalidating any subsequent sale deeds executed without the consent of all necessary parties.
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