Back
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
HIRDESH
Krishan Gopal – Appellant
Versus
Rukmani Devi – Respondent
| Table of Content |
|---|
| 1. power of attorney cancellation affects property rights. (Para 2) |
ORDER :
Hirdesh, J.
1. The present petition is preferred by petitioner under Article 227 of the Constitution of India seeking following reliefs :
"(7). 7.1 That, the order dated 07.07.2023 (Annexure P-1) may kindly be set aside/quashed.
7.2. Any other relief which this Hon'ble Court may deemed fit in the circumstances of the case be also be granted."
2. Brief facts of the case are that plaintiffs executed a power of attorney in favour of respondent No.1 dated 27.10.1995 (annexure P-2) and after some time, petitioner/plaintiffs cancelled the power of attorney dated 09.05.2003 by Registrar Office [cancelled power of attorney (annexure P-3)]. Even that respondents/defendants executed a sale deed in favour of Manoj Bhargava who is son of respondent No.1 and who is earlier power of attorney holder of plaintiffs dated 24.01.2012 (annexure P-4). Petitioners filed a civil suit for cancellation of sale deed dated 24.01.2012. Respondents/defendants after appearing before the trial Court filed an application under Order 7 Rule 11 CPC for rejection of the plaint on 19.12.2022. After hearing counsel for the parties, t
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
