Can Power of Attorney Self-Transfer Property in India?

2022 0 Supreme(Guj) 1523

In his cross examination, this witness had agreed that in particular column ‘self’ is shown at Exhibit 137. In ledger it is not clear that on 10.12.1996 whether it was a transfer or by self transaction. ... (5) Whether the defendant proves that the power of attorney in favour of defendant NO.1 was irrevocable and defendant was authorized to sell the property? (6) whether the plaintiff is entitled for the relief's claimed? ... This,....

1997 Supreme(Online)(Bom) 9

There can be no dispute about the fact that a person competent to transfer can only transfer interest in the property. ... Patil, in whose favour of he had given power of attorney, had no power to enter into any agreement of sale of the property. He was only authorised by the power of attorney to manage the property and to do all other acts incidental for that purpose. ... All the previous power o....

2nd Defendant had the authority to sell the impugned property; If the Plaintiff ratified the impugned Power of Attorney and used it for his benefit whether he is estopped from denying the validity of the said Power of Attorney. ... in anyway be construed to disturb the specific clauses contained in the power of attorney and that the intention of the principal has to be gathered from the clauses in the power of attorne....

2026 Supreme(Online)(P&H) 97

But after going through the power of attorney in question, this court is unable to accept the said contentions of Ld. Counsel for the appellant, ebcause in the power of attorney in question it is specifically mentioned that the defendant no.1 can sell, transfer, exchange and gift the property. ... Pathania Whether reasoned / speaking? Yes / No Whether reportable? Yes / No ... defendant No.2 on 29.12.2015 was on the basis of due authorization by the ....

2025 Supreme(Online)(Kar) 22677

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. ... Scope of power of attorney 20. A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. ... ‘Transfer of property’ defined. ... A power of attorney is not a....

2025 7 Supreme 204

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. ... A General Power of Attorney does not ipso facto constitute an instrument of transfer of an immovable property even where some clauses are introduced in it, holding it to be irrevocable or authorizing the attorney holder to effect sale of the immovable property on behalf of the grantor. ... #H....

High Court Malaya Kuala Lumpur

(e) Using this Power of Attorney, the 1st defendant proceeded to transfer the Deceased's ½ share in the Damansara Property to himself on 11 January 2019 at 10.17am. ... [93] Here, the Power of Attorney was obtained through forgery. The subsequent transfer of the Deceased's ½ share in the Damansara Property to the 1st defendant, being based on the forged Power of Attorney, was fraudulently obtained. ... [2] The p....

2024 0 Supreme(Cal) 174

On that day i.e. on 20.01.1986 defendant no.2/father took the plaintiff in the registry officer and got the sale deed executed and registered in the guise of execution of power of attorney. ... The whole gamut of the case in connection with “A” schedule property, is whether defendant no.2 had any right to transfer plaintiff’s aforesaid “A” schedule land to the plaint, in favour of defendant no.3 or not. 9. ... upon his father who took him to Registry office and got the said deed executed on the pretext ....

It was further contended by the defendants that the power of attorney being registered and not having been cancelled still supplied the authority for the second defendant to execute the two deeds of transfer. ... It was held that the general words were limited by the special purpose of the power of attorney, and did not authorise a mortgage of his personal property. In Harper v. Gadsell [L.R. 5 Q.B. 422.] P, a partner in the firm of B. W. ... The question, there­fore, as to #HL_STA....

2023 0 Supreme(Chh) 199

In this case this Court has to see whether in view of Power of Attorney agency has been created and how agency can be terminated. ... —Where a person [fraudulently or] erroneously represents that he is authorised to transfer certain immoveable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property#HL_E....

2020 0 Supreme(Raj) 509

"(ee) when power of attorney is given without consideration to transfer or sell immovable property to- (i) the father, mother, brother, sister, wife, husband, son, daughter, grandson or granddaughter of the executants. Article 44 of the Schedule with the Act, 1998 provides for stamp duty on 'Power of Attorney' and its clause (ee) relevant in the present case reads as under:

2019 0 Supreme(Mad) 3159

Any immovable property can be conveyed only by a deed of conveyance (registered sale deed) after paying appropriate stamp duty and registration charges. It is the claim of the said petitioner that he had executed an unregistered agreement to sell. Therefore, the Power of Attorney cannot be recognized as a mode of transfer of immovable property. As stated earlier, the document produced by the petitioner in W.P.No.1741 of 2015 also does not contain any description of the property.

2019 0 Supreme(Guj) 972

However, at the same time, as discussed above, it is difficult for me to take the view that he cannot be said to have any interest in the litigation. I am also at one with Mr. Dave that the power of attorney holder cannot claim to be the lawful owner of the suit property as on date. Thus, having regard to the position of law, as discussed above, I am at one with Mr. Dave, the learned counsel appearing for the plaintiffs that the extent no valid title could be said to have passed in favour of the power of attorney holder by virtue of the so called irrecoverable power of attorney. As....

Current Civil Cases

As discussed above, there cannot be a valid transfer of immovable property by way of power of attorney. Thus, having regard to the position of law, as discussed above, I am at one with Mr. Dave, the learned counsel appearing for the plaintiffs that the extent no valid title could be said to have passed in favour of the power of attorney holder by virtue of the so called irrecoverable power of attorney. I am also at one with Mr. Dave that the power of attorney holder cannot claim to be the lawful owner of the suit property as on date. However, at the same time, as discussed ....

2019 0 Supreme(Del) 437

It is settled law that in order to transfer a property on the basis of a Power of Attorney, the Power of Attorney itself must be a registered Power of Attorney and an unregistered Power of Attorney does not entitle Power of Attorney holder to transfer the property. This court in Hira Singh Rawat vs. State of NCT of Delhi h(supra) held as follows:- "3. .... A Power of Attorney giving power to sell is as good as a conveyance deed and under Registration Act it is necessary that if a document transfers property of more than Rs. 100/-, it must be registered."