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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.Sarath
Rama Swargam – Appellant
Versus
State of Telangana – Respondent
Key Points: - A simple General Power of Attorney (GPA) can be revoked unilaterally by the executant without the agent's consent if no ownership rights are granted (!) (!) (!) (!) (!) . - The Sub-Registrar's directive requiring the presence of both parties for cancellation was deemed illegal as the applicable law permits unilateral cancellation by the executants (!) (!) (!) . - The petitioners sought to cancel a GPA executed in favor of a third party without that party's presence (!) (!) . - The Court held that an executant can unilaterally revoke a simple GPA without notice if it does not grant any ownership rights (!) (!) (!) (!) (!) . - The GPA in question did not confer any ownership rights or interest upon the agent (respondent No.5) (!) (!) . - The impugned letter from the Sub-Registrar, requiring both parties for cancellation, was set aside (!) . - The Sub-Registrar was directed to receive, register, and release the document presented by the petitioner for the cancellation of the GPA (!) . - The cancellation is subject to the document complying with the provisions of the Registration Act, 1908, and the Indian Stamp Act, 1899 (!) . - The Court relied on previous judgments in similar matters regarding the unilateral revocation of simple GPAs (!) (!) (!) . - Respondent No.5, the GPA holder, did not appear before the Court despite service of notice (!) (!) .
| Table of Content |
|---|
| 1. ownership rights and gpa context. (Para 2 , 3 , 4) |
| 2. petitioner's right to cancel gpa unilaterally. (Para 5 , 6 , 7) |
| 3. court's interpretation of gpa revocation rights. (Para 8 , 9 , 10 , 11) |
| 4. court's order on gpa cancellation registration. (Para 12) |
ORDER :
K.Sarath, J.
Heard Sri T.P.Acharya, learned counsel for the petitioners and Smt.S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 4. In spite of service of personal notice, none appeared for the respondent No.5.
2. Learned counsel for the petitioners submits that the petitioners filed the present Writ Petition seeking to declare the letter No.89/2025 dated 05.05.2025 issued by respondent No.4-Sub-Registrar, Sircilla, as illegal and arbitrary.
3. Learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of land admeasuring 2200 Sq.yards (equivalent to 1839.49 Sq.meters) in Sy.No.66/A, situated near H.No.3-4-91, Shanthinagar Post Office Road, Rallabavi Locality, Sircilla Town and Mandal, Rajanna-Sircilla District. The petitioners have purchased the said land from the original owners through a registered sa
A simple General Power of Attorney can be revoked unilaterally by the executant without the need for the agent's consent if no ownership rights are granted.
The unilateral cancellation of a General Power of Attorney is invalid without a competent court's order and proper notice to affected parties.
A registered deed cannot be unilaterally cancelled, and cancellation must be done bilaterally. The Sub-Registrar has no power to cancel an already registered document and is bound to accept the docum....
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