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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
HIRDESH
Krishan Gopal – Appellant
Versus
Rukmani Devi – Respondent
| Table of Content |
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| 1. power of attorney cancellation affects property rights. (Para 2) |
ORDER :
1. The present petition is preferred by petitioner under Article 227 of the Constitution of India seeking following reliefs :
7.2. Any other relief which this Hon'ble Court may deemed fit in the circumstances of the case be also be granted."
3. Being aggrieved of impugned order dated 07.07.2023, petitioners filed this petition and submitted that respondent No.1/defendant executed a sale deed after cancellation of power of attorney, which shows her mala fide intention and committed forgery with the petitioners and the same is against the procedure of law. The principle of law is that anyone cannot sale any property if they have not any right in the property. Respondent No.1 has no right to sale the property after the cancellation of power of attorney dated 09.05.2003. So, sale deed does not create any right to the defendant No.2. It is settled principle of law that ad valorem court fee deposited on sale deed is voidable and plaintiffs are the party of sale deed, then he should pay the ad valorem court fee, but in the present case, sale deed is already void and defendant no.1 executed the sale dee
A sale deed executed after the cancellation of a power of attorney is void and does not require payment of ad valorem court fees.
Executants of a deed seeking annulment must pay ad-valorem court fee, while non-executants may only need to pay a fixed fee for a declaration of the deed's invalidity.
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 ....
The main legal point established in the judgment is that the Power of Attorney was executed as a security for a loan and the sale deed was executed without consideration, making it void.
The validity of the cancellation of a power of attorney and the authority of a sale deed in property disputes.
The relief sought for annulment of sale deeds and declaration of ownership required ad valorem Court fee.
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