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Sisters' Property Dispute Settled: Court Upholds Appellant's Half-Share in Disputed Property

Background

The case involves a dispute between two sisters, Thankamma George (the Appellant) and Lilly Thomas (Respondent No. 1), over the ownership of a property. The Appellant, who had been working abroad as a nurse, had granted a power of attorney to Respondent No. 1 in 2003. In 2008, Respondent No. 1 sold a portion of the property to her husband, Respondent No. 2, without the Appellant's knowledge or consent.

Arguments

The Appellant argued that the power of attorney granted to Respondent No. 1 had been impliedly revoked when the Appellant joined in the execution of a sale deed in 2008. The Appellant also claimed that the sale deed executed by Respondent No. 1 in favor of Respondent No. 2 was void ab initio due to the lack of consideration.

The Respondents, on the other hand, argued that the power of attorney was still valid and that the Appellant had received her share of the sale consideration from the previous transaction.

Court's Analysis and Reasoning

The court examined the provisions of the Indian Contract Act, particularly Sections 207 and 208, which deal with the revocation and termination of an agent's authority. The court found that the Appellant's act of independently executing a sale deed in 2008 amounted to an implied revocation of the power of attorney granted to Respondent No. 1.

The court also noted that the admission by Respondent No. 1 that no consideration was paid for the sale deed executed in favor of Respondent No. 2 rendered that transaction void ab initio.

Decision

The court allowed the Appellant's appeal and upheld the Appellant's half-share in the disputed property. The court directed the trial court to explore the possibility of determining the current market value of the Appellant's half-share and for the Respondents to pay the Appellant accordingly. If the parties fail to reach a consensus, the trial court was instructed to proceed with the final decree and execution in accordance with the law.