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MUMMINENI SUDHEER KUMAR
Debbad Srinandhan Rao, S/o. Late Debbad Narayana – Appellant
Versus
State of Telangana – Respondent
ORDER :
This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the third respondent in accepting the Sale Deed, dated 19.10.2022 vide document No.10698/2022 for registration executed by the petitioners 1 to 3 herein represented by their Power of Attorney Holder, the fourth respondent, as illegal and arbitrary and contrary to the provisions of the Registration Act, 1908 (‘the Act, 1908” for brevity) and the Rules made thereunder and also sought for a consequential direction to cancel the registration of the said sale deed.
2. Heard Sri Vadeendra Joshi, learned counsel for the petitioners, Ms. A. Chandana, learned Assistant Government Pleader for Stamps and Registration and Sri D. Jagan Mohan Reddy, learned counsel for the sixth respondent.
3. This Writ Petition is filed by four petitioners. The petitioners 1 to 3 are the original land owners of the property covered by the impugned sale deed. The fourth petitioner, who is also the deponent of the affidavit filed in support of the Writ Petition, is one of the Power of Attorney Holders under registered General Power of Attorneys (“GPAs” for short) dated 28.03.1994 and 28.03.1995 vide document Nos.875/1994 and 68/1
The burden of proof in a property dispute lies on the person claiming the title, and strict compliance with the provisions of the Registration Act is necessary for the validity of a sale deed and reg....
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 ....
Proper execution of cancellation deeds and conducting enquiries before registration is essential under Section 26(i)(k) of the Indian Stamps and Registration Act.
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 ....
The distinction between signing and executing a document is crucial; mere signature admission does not equate to execution, impacting the validity of registration.
No right, title, or interest in immovable property can be conferred without a registered document, validating the necessity for registration per applicable laws.
(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....
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