Back
S. M. SUBRAMANIAM
Akilandeswari Real Estate (P) Ltd. , Represented through the Managing Director, K. Sankara Subramanian, Trichy – Appellant
Versus
Inspector General of Registration, Chennai – Respondent
JUDGMENT
Common Order:
1. These writ petitions have been instituted to call for the records of the 2nd respondent culminated in the Power of Attorney Deed dated 13.03.2013, which has been registered in the Document No.2060/2013 in Book No.1 and consequently, direct the 2nd respondent to remove the entries made as Document No.2060/2013 in Book No.1 dated 13.03.2013.
2. The petitioner is Akilandeswari Real Estate Private Limited. The petitioner states that the company has been registered under the Companies Act, 1956. The company is engaged in real estate business in various districts across the State of Tamil. In order to develop the business, the 3rd respondent was appointed as Power Agent as well as the Manager of the company through Board resolution dated 07.03.2008. Based on the resolution, the petitioner / company had executed the Power of Attorney Deed in Document No.93 of 2009 dated 12.03.2009.
3. The grievance of the writ petitioner is that the Power of Attorney registered by the petitioner / company had been abused and fraudulently utilised in collusion with the authorities for the purpose of registering the Sale Deeds.
4. The learned counsel for the petitioner mainly contended
Disputes related to the misuse of power of attorney and property transactions in a real estate business fall under the jurisdiction of the civil court and cannot be adjudicated in a writ proceeding b....
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 ....
Civil disputes concerning property rights should be resolved exclusively through civil courts and cannot be pursued via criminal complaint processes.
The court highlighted the importance of obtaining permission under the Companies Act, 2013 before taking action on the petitioner's representation.
A patta is not a title document and does not confer ownership; registration requires valid title documents.
Fraud vitiates all transactions; unregistered agreements do not confer title or interest in property, and judgments obtained through fraud can be quashed by the High Court under Article 227.
The obligations arising from acts done by a power agent cannot be affected by the termination of the power deed, and the registration of documents under the Transfer of Property Act serves as notice ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
