Transfer of PropertyImmovable Property Transfer of Title in Immovable Properties on the Basis of an Unregistered Agreement to Sell or Through an Unregistered General Power of Attorney—Whether Possible

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The Tax Publishers Transfer of Property--Immovable Property No Title can be Transferred with respect to Immovable Properties on the basis of an Unregistered Agreement to Sell or through an Unregistered General Power of Attorney Akhilesh Kumar Sah In this article, the learned author has discussed an important aspect of an issue as to whether in the absence of either a registered Agreement to sell or registered power of attorney, the title of an immovable property can be transferred. Power of Attorney is a formal document by which authority is given to an agent and the instrument is construed strictly. A party to the suit may execute a power of attorney in favour of a person who can engage a pleader on behalf of the principal. A document requiring registration must be presented by executant of claimant or by the agent or such person authorised by the power of attorney. With the help of a recent case in Shakeel Ahmed v. Syed Akhlaq Hussain [Civil Appeal No.1598 of 2023, decided on 1-11-2023], has put an end to controversy in respect of transactions of sale of immovable properties on the basis of an unregistered Agreement to Sell or through an unregistered General Power of Attorney no right, title or interest in immovable property can be conferred without a registered document. 1. Introduction The Supreme Court has put an end to controversy in respect of transanctions of sale of immovable properties on the basis of an unregistered Agreement to Sell or through an unregistered General Power of Attorney. Recently, in Shakeel Ahmed v. Syed Akhlaq Hussain [Civil Appeal No.1598 of 2023, decided on 1-11-2023], the appellant was defendant in the suit for possession and mesne profits instituted by the respondent with respect to the property in question. The suit was filed on the basis of a Power of Attorney, an agreement to sell, an affidavit and a will executed in favour of the respondent. The appellant, admittedly, was in possession of the property in question. The suit was contested on several grounds that the appellant was the owner of the property having received the same on the basis of a Hiba (oral gift) from its owner Laiq Ahmed his own brother. Secondly, that the suit was not maintainable as none of the documents on the basis of which the suit was filed were neither admissible nor enforceable under law. Both parties led evidence - oral and documentary. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers

Transfer of Property--Immovable Property

No Title can be Transferred with respect to Immovable Properties on the basis of an Unregistered Agreement to Sell or through an Unregistered General Power of Attorney

Akhilesh Kumar Sah

In this article, the learned author has discussed an important aspect of an issue as to whether in the absence of either a registered Agreement to sell or registered power of attorney, the title of an immovable property can be transferred. Power of Attorney is a formal document by which authority is given to an agent and the instrument is construed strictly. A party to the suit may execute a power of attorney in favour of a person who can engage a pleader on behalf of the principal. A document requiring registration must be presented by executant of claimant or by the agent or such person authorised by the power of attorney. With the help of a recent case in Shakeel Ahmed v. Syed Akhlaq Hussain [Civil Appeal No.1598 of 2023, decided on 1-11-2023], has put an end to controversy in respect of transactions of sale of immovable properties on the basis of an unregistered Agreement to Sell or through an unregistered General Power of Attorney no right, title or interest in immovable property can be conferred without a registered document.

1. Introduction

The Supreme Court has put an end to controversy in respect of transanctions of sale of immovable properties on the basis of an unregistered Agreement to Sell or through an unregistered General Power of Attorney. Recently, in Shakeel Ahmed v. Syed Akhlaq Hussain [Civil Appeal No.1598 of 2023, decided on 1-11-2023], the appellant was defendant in the suit for possession and mesne profits instituted by the respondent with respect to the property in question. The suit was filed on the basis of a Power of Attorney, an agreement to sell, an affidavit and a will executed in favour of the respondent. The appellant, admittedly, was in possession of the property in question. The suit was contested on several grounds that the appellant was the owner of the property having received the same on the basis of a Hiba (oral gift) from its owner Laiq Ahmed his own brother. Secondly, that the suit was not maintainable as none of the documents on the basis of which the suit was filed were neither admissible nor enforceable under law. Both parties led evidence - oral and documentary.