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IN THE HIGH COURT OF TRIPURA AT AGARTALA
T.AMARNATH GOUD, BISWAJIT PALIT
Anjali Chakraborty W/o Late Dhiresh Chakraborty – Appellant
Versus
Rati Ranjan Chakraborty S/o Late Gurudas Chakraborty – Respondent
JUDGMENT :
T. AMARNATH GOUD, J
1. This is an appeal under Section 96 of the Code of Civil Procedure from the original judgment and decree dated 17.08.2023 & 05.09.2023 passed by Ld. Civil Judge (Senior Division) Court No.4, Agartala, West Tripura in TS No.1 of 2015 to allow the Title Suit of the Appellant-Plaintiffs.
2. The case in a nutshell is that the appellant-plaintiffs has filed the suit for declaration of rights, recovery of possession, cancellation of sale deeds of the defendant Nos. 2 to 6 before the Ld. Trial Court and perpetual injunction. The plaintiffs are the legal heirs of Lt. Dhiresh Chakraborty. Lt. Kusum Kamini Chakraborty was mother of Dhiresh Chakraborty and defendant no. 1 namely Rati Ranjan Chakraborty. In the year 1985 said Kusum Kamini Chakraborty gifted 0.23 sataks of land to her son Dhiresh Chakraborty by dint of registered gift deed vide No. I-6015, dated 16.09.1985 and also by dint of another gift deed gave some land to his other son i.e. defendant no.1 namely Rati Ranjan Chakraborty. At that time Dhiresh Chakraborty was residing at Bhopal, Madhya Pradesh with his family. Lt. Dhiresh Chakraborty requested his full blooded brother to look after his land. S
Sale deeds executed after the death of the grantor via a void power of attorney are invalid, affirming that ownership rights must be recognized for legal heirs.
Documents executed posthumously without grantor's authorization are void ab initio, necessitating a declaration of rights for affected parties.
A suit challenging a sale deed must be filed within the limitation period; failure to do so results in the suit being barred.
The main legal point established in the judgment is the requirement to prove the execution of a Power of Attorney and the validity of sale deeds, as well as the consideration of the issue of limitati....
An agent must act in the principal's best interests; unauthorized sales executed under a power of attorney without consent are fraudulent.
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