IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MUMMINENI SUDHEER KUMAR, J.
Debbad Srinandhan Rao, S/o. Late Debbad Narayana and three others – Appellants
Versus
The State of Telangana – Respondent
Writ Petition No.43141 of 2022
Decided on : 28-04-2023
Registration Act, 1908 – Registration of sale deed – Power of Attorney – Stamps and Registration Held, In considered view of this Court, there is no illegality or irregularity in allowing registration of impugned sale deed executed by one of Power of Attorney Holders representing principals – Court does not find any error, illegality or arbitrariness in action of third respondent in registering impugned Sale Deed – Court does not find any merit in Writ Petition and is of considered view that it is not a fit case to exercise jurisdiction of this Court under Article 226 of Constitution of India – Writ Petition dismissed.
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 68/1995 along with the fourth respondent herein.
4. The only ground on which the present Writ Petition is filed is that the petitioners 1 to 3 herein have executed registered GPAs vide document Nos.875/1994 and 68/1995 in respect of the land, which is the subject matter of the impugned sale deed appointing the fourth petitioner herein and the fourth respondent herein as Attorneys with a right to alienate the land, which was the subject matter of the said GPAs, but the third respondent herein allowed the registration of the impugned Sale Deed executed by the fourth respondent herein on behalf of the petitioners 1 to 3 herein by virtue of the GPAs vide document Nos.875/1994 and 68/1995 without the fourth petitioner herein participating in the said execution of the impugned Sale Deed. Thus, it is contended that the above referred two GPAs were executed in favour of the fourth petitioner and the fourth respondent jointly and both of them have to act jointly in order to execute any document by virtue of the power conferred on them under the said GPAs.
5. Having considered the said contention raised in the Writ Petition, as contended by the learned counsel for the petitioners, this Court asked the learned counsel for the petitioners as to how this Writ Petition is filed on behalf of the petitioners 1 to 3 herein represented by the fourth petitioner herein alone without the participation of the fourth respondent herein who is also one of the Power of Attorney Holders under the above said GPAs and also asked the learned counsel for the petitioners as to whether the petitioners 1 to 3 are ready to come before this Court supporting the case of the fourth petitioner in challenging the impugned Sale Deed. Learned counsel for the fourth petitioner stated that the petitioners 1 to 3 are not ready to come forward to question the impugned sale deed personally along with the fourth petitioner. In view of the said situation, this Court raised a question as to how the Writ Petition is maintainable at the instance of the petitioners 1 to 3, if they are not aggrieved by the impugned Sale Deed and the fourth petitioner is only one of the Power of Attorney Holders who is supposed to act on behalf of the petitioners 1 to 3. Confronted with the same, learned counsel for the petitioners submitted that the fourth petitioner, in his individual capacity also filed the present Writ Petition and therefore, the Writ Petition is maintainable though the petitioners 1 to 3 are not ready to come before this Court personally and though the fourth petitioner alone is not entitled to represent the petitioners 1 to 3.
6. Thus, from the above, it is evident that the petitioners 1 to 3, who are the owners of the land, which is the subject matter of the impugned Sale Deed, are not aggrieved by the e
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SupremeToday
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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