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SAURABH SHYAM SHAMSHERY
Santosh – Appellant
Versus
D. D. C. – Respondent
| Table of Content |
|---|
| 1. petitioner purchased land via unregistered power of attorney. (Para 1 , 2 , 3) |
| 2. arguments regarding the validity of the power of attorney. (Para 5 , 6) |
| 3. prior judgments emphasize the requirement of registration. (Para 8 , 9 , 12 , 13) |
| 4. court concluded the writ petition lacked merit. (Para 10 , 14 , 15) |
JUDGMENT
Saurabh Shyam Shamshery, J.
Facts of present case in brief are that -:
2. The Consolidation Officer by an order dated 04.03.2006 held that power of attorney was a valid document and transaction based on said attorney would legally permissible. Relevant part thereof is quoted below -:
No right, title, or interest in immovable property can be conferred without a registered document, validating the necessity for registration per applicable laws.
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) [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....
(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....
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.
(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....
The agency created in favor of the defendant continued to remain in force even after the death of the principal, and the registered documents carry a presumption that they were genuinely executed.
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