TRANSFER OF PROPERTY ACT, 1882 PROJECT

TITLE OF THE PROJECT: Power of Attorney

NAME OF THE CANDIDATE: M. Jeevan pramod

ROLL NUMBER: 2018130

YEAR: 2nd YEAR (4th SEMESTER)

SUBJECT: TRANSFER OF PROPERTY ACT, 1882

ACKNOWLEDGEMENT

I would like to sincerely thank my respected Professor of Transfer of Property Act, 182, P. Jogi Naidu Sir,
B. Sc., MHRM., LLM. for giving me this golden opportunity to take on this project on "POWER OF
ATTORNEY". I have tried my best to collect information about the project in several possible ways to
represent the clear picture on the subject of the given project.
ABSTRACT

Subject: Transfer of Property

POWER OF ATTORNEY IN INDIA

In this modern world, all businesses and transactions have grown up to proportions beyond which our
forefathers had ever though so. As businessmen, professionals and leaders have become more busier than
ever, it become necessary for them to delegate more functions. Power of Attorney serves this purpose of
delegating few important functions which require a legal authorization. Principal should always be careful
while authorizing one as an agent and the powers to be delegated to avoid inconvenience and an expense of
any such legal proceedings in the future.

A Power of Attorney (Power of Attorney) is a fundamental legal document listing out the powers that a
person wants to share with the Power of Attorney holder. It is essentially used by NRIs (Non-Resident
Indians) to administer their property in India by authorizing another person known as the agent to act on
their behalf in cases of their absence.

The need to have a Power of Attorney simplifies decision making in the absence of the true owner thereby
minimizing security concerns. Moreover, a Power of Attorney is extremely important part of property
planning. It is considered convenient and imperative to have other person to act on another’s behalf when
there is development in business and trade transactions. Depending on the requirement, principal can decide
level of authority given to agent. The power of attorney may cover any / all aspects of money management,
property and asset management, personal care and managing company matters etc.

This Research will help you understand everything about the execution of Power of Attorney and more. This
research deals with legal aspects and consequences of Power of Attorney, namely Types of Power of
Attorney (I.e.., General, Special and Durable Power of Attorney), Power of Attorney execution with respect
to NRIs, Importance to notarise Power of Attorney, Validity of Power of Attorney from abroad in India,
Registration of Power of Attorney in India, Documents required for Registration, Differences between
Power of Attorney and Will, Validity and Duration of Power of Attorney, Language used in the Power of
Attorney Document, Stamp duty payable in different states, Grantor’s Capacity, Duties of Power of
Attorney Holder, Can Power of Attorney be given orally, Two or more Power of Attorney Holder,
Revocation of Power of Attorney, Consequences of giving a Power of Attorney, Power of Attorney with
respect to Contracts, Agreements, Real Estate Fields, Bank Accounts, Certificates of Deposit, Money
Market Accounts, Tax returns, Insurances, Stock Bonds, Securities etc, Basic Principles to remember, Rules,
Civil and Criminal Proceedings instituted and prosecuted through Power of Attorney, Authentication of
Power of Attorney, Common problems faced by Power of Attorney holders and simple description to
common people to give Power of Attorney from various states in India. All these above topics will be
illustrated, explained with the help of Landmark cases, Recent Judgements, Legislations, Articles and
Illustrations.

Submitted By:

M. Jeevan pramod

2018130

Sec. B

4th Semester
INTRODUCTION

A power of attorney (POA) is a basic legal document that lists powers a person wishes to share with POA
holder. NRI’s (Non-resident Indians) essentially use it to manage their property in India by authorising
another person known as agent to act in their absense on their behalf. The need for POA simplifies decision-
making process in the absense of true owner thus minimising security concerns. In addition, POA is crucial
part of property planning. When bussiness and trade transactions develop, it is considered convienant and
imperative to have another person act on behalf of others. This project helps you to understand execution of
POA with relevant case laws.

TYPES OF POWER OF ATTORNEY

1. General Power of Attorney -

A general Power of Attorney gives agent greater powers to fulfill various duties on behalf of principal, as
detailed in act. It is not confirmed to any specific act related to particular topic.

2. Specific Power of Attorney -

A specific Power of Attorney is assigned for single specific responsibility and special POA is
automaticallyrevoked with power of holder becoming exhausted when act is finished.

IS IT IMPORTANT TO NOTARISE POWER OF ATTORNEY

No extraordinary way has been given to execute a POA at same time, it is prudent to legally approve.
Notwithstanding, it is very normal to legally approve POA execution. Authroisation is overseen under
Notaries Act whereby legal official named as Notary is selected by State or Central Government to do
endorsed acts inter alia to ensure, validate, check, verify or bear witness to any instrument. Besides, as per
Indian Evidence Act, POA that is executed previously and confirmed by Notary Public is ventured to be
executed legitimately.

IS EXECUTION OF POWER OF ATTORNEY FROM ABROAD LEGITIMATE IN INDIA

U/s 14 of Notaries Act, Central govt has been engaged to attest that notarial demonstration done lawfully by
notaries from different countries will be acknowledged for clear destinations. Subsequently, govt has
informed 3 countries in particular Ireland, Belgium and New Zealand. Also, Calculla High Court towards it
expressed that notice u/s 14 is not mandatory and that S> 85 of Evidence Act can apply to reports
guarenteed by public accountant of various countries. In any case, since there is absense of consistency
among high courts, it is prescribed that execution of POA outside Indian Vice- Consul or Indian Consul and
not by some other Notary Public.

NEED TO AUTHENCTICATE POWER OF ATTORNEY TO BE UTILISED FOR PRESENTING

DOCUMENT FOR REGISTRATION

Enrollment of report under arrangements of Registrations Act, 1908 should be possible in 2 different ways,
either by individula executing record himself or through his approporiately delegated agent executing power
of attorney inside force gave to him by law. Section 33 of Registration Act, 1908 furnishes accompanying
conditions as for S. 32 of Act, diagrams conditions to be satisfied for acknowledgement of POA

1. Principal lives in India at season of executing POA where act is material. Additonally, POA wil be
executed before Registrar/Sub-registrar and validated by him, inside whose locale principal lives.

2. Principal lives in India at season of executing POA where act isnt material. At that point, POA will be
executed before Magistrate and verified by him, inside whose purview essential dwells.

3. Prinicpal doesnot live in India at season of executing POA. At that point, POA will be executed under
watchful eye of any court, Judge, Magistrate, Notrary or Indian Consul or central Government delegare and
confirmed by him,

Be that as it may, accompanying classes of “principals” executing POA will not be required to go to
executing of POA face to face:

1) Persons will rela illness or under hazard or nother to visit

2) Person in prison or under criminal procedures

3) Persons who have been exempted by law from any sort of close to home appearance.

Additionally, act gives that there is no requirement for verification of POA, if agent is himself executrix.
REGISTRATION OF POWER OF ATTORNEY

1. It isn't compulsory to enroll all POAs.

2. In case the POA is worried about the exchange of ardent property and where the ownership is or has been
offered over to the attorney holder or where last POA related to the exchange of such property is made, at
that point the deed of POA should be enlisted. The equivalent should be possible with the assistance of a
legal counselor.

3. The enrollment of every other Poa is willful. Be that as it may, an enrolled record is accepted to be real.
Accordingly, it is for the individual moving the genuineness of the exchange to demonstrate that the
exchange isn't substantial.

4. Therefore, to keep any plausible debate on appropriate execution of the POA, it should dependably be
enrolled.

PAYMENT OF STAMP DUTY

The installment of stamp obligation of a POA is endorsed under Section-48 of Schedule I of the Indian
Stamp Act properly payable on different sorts of POA and non-installment of the stamp obligation can result
in the accompanying outcomes:

1) The POA would not be permitted as proof before any agent that is equipped for conceding proof or before
any open authority.

2) In expansion, the record can likewise be seized and installment of full stamp obligation esteem be
constrained for non-installment of stamp obligation.

3) Moreover, an under stepped or an unstamped POA must be permitted in proof simply after corrective
stamp obligation multiple times the estimation of the first sum is paid.
LANDMARK JUDGEMENTS ON POWER OF ATTORNEY

SHRI RAMESH CHAND v. SURESH CHAND AND ANR.1

This Regular First Appeal was rejected by a point by point judgment on 28.2.2011. A Special Leave Petition
was documented in the Supreme Court against the judgment dated 28.2.2011 and the Supreme Court has
remanded the issue back for a crisp choice by its request dated 31.10.2011. The request of the Supreme
Court dated 31.10.2011 depends on the issue of the Supreme Court passing the judgment on account of
Suraj Lamps and Industries Pvt. Ltd. Versus Territory of Haryana and Anr. 2, and according to which
judgment the Supreme Court overruled the Division Bench judgment of this Court on account of Asha M.
Jain Vs. Canara Bank3. Since the judgment of this Court dated 28.2.2011 had depended upon the Division
Bench judgment on account of Asha M. Jain (supra), and which judgment was over ruled the Supreme Court
on account of Suraj Lamps and Industries Pvt. Ltd. (supra), the issue was along these lines remanded back to
this Court.Before I continue to discard the intrigue, and which would turn generously on the judgment on
account of Suraj Lamps and Industries Pvt. Ltd. (supra), it is important to recreate certain paras of this
judgment of the Supreme Court, and which paras will be paras 12, 13, 14 and 16, and which read as under:-

“12. Any agreement of offer (consent to sell) which is definitely not enlisted deed of movement (deed of
offer) would miss mark concerning necessities of S. 54 and 55 of TPA and wont present any title nor move
any enthusiasm for steadfast property (but to constrained right conceded u/s 53A of TPA). As is indicated,
by TPA, understanding of offer, regardless of whether with ownership or without isnt a transport. S. 54 of
TPA authorises that clearance of immovable property can be made just by enrolled instrument and
understanding of offer doesnot make any intrigue or charge on its topic.

Extent of Power of Attorney

13. POA isnt intrument of move as to one side, title or enthusiasm for unfaltering property. POA is
production of office whereby grantor approves grantee to do demonstrations indiciated in that for benefit of
grantor, which when executed will tie on grantor as though done by him. It is revocable or restricted
whenever except if it is made unavoidable in way known to law. Indeed, even unalterable attorney doesnot
have impact of transferring title to grantee. In State of Rajasthan v. Basant Nehata4
1
188 (2012) DLT 538
2
183 (2011) DLT 1 (SC)
3
94 (2001) DLT 841
4
MANU/SC/0547/2005 : 2005 (12) SCC 77
"A concede of power of attorney is basically represented by Chapter X of the Contract Act. By reason of a
deed of power of attorney, a agent is formally named to represent the chief in one exchange or a progression
of exchanges or to deal with the undertakings of the essential by and large presenting fundamental authority
upon someone else. A deed of power of attorney is executed by the central for the agent. The agent infers a
privilege to utilize his name and all demonstrations, deeds and things done by him and subject to the
constraints contained in the said deed, the equivalent will be perused as though done by the benefactor. An
power of attorney is, as is outstanding, an archive of comfort.

Execution of an power of attorney as far as the arrangements of the Contract Act as additionally the Powers-
of-Attorney Act is legitimate. An power of attorney, we have seen hereinbefore, is executed by the giver in
order to empower the done to follow up for his benefit. Aside from in situations where power of attorney is
combined with intrigue, it is revocable. The done in exercise of his capacity under such power of attorney
just acts instead of the giver subject obviously to the forces allowed to him by reason thereof. He can't
utilize the power of attorney for his own advantage. He acts in a trustee limit. Any demonstration of
unfaithfulness or break of trust is an issue between the contributor and the donee."

A attorney holder may anyway execute a deed of transport in exercise of the power conceded under the
power of attorney and pass on title in the interest of the grantor.

Scope of will:

16. We therefore reiterate that immovable property can be legally and lawfully transferred/conveyed only by
a registered deed of conveyance. Transactions of the nature of 'GPA sales' or 'SA/GPA/WILL transfers' do
not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of
immoveable property. The courts will not treat such transactions as completed or concluded transfers or as
conveyances as they neither convey title nor create any interest in an immovable property. They cannot be
recognized as deeds of title, except to the limited extent of Section 53A of the Transfer of Property Act.
Such transactions cannot be relied upon or made the basis for mutations in Municipal or Revenue Records.
What is stated above will apply not only to deeds of conveyance in regard to freehold property but also to
transfer of leasehold property. A lease can be validly transferred only under a registered Assignment of
Lease. It is time that an end is put to the pernicious practice of SA/GPA/WILL transactions known as GPA
sales." (emphasis added)
3. A reference to the aforesaid paras shows that unless there is a proper registered sale deed, title of an
immovable property does not pass. The Supreme Court has however reiterated that rights which are created
pursuant to Section 53A of the Transfer of Property Act, 1882 dealing with the doctrine of part performance
(para 12), an irrevocable right of a person holding a power of attorney given for consideration coupled with
interest as per Section 202 of the Contract Act, 1872 (para 13) and devolution of interest pursuant to a Will
(para 14). Therefore, no doubt, a person strictly may not have complete ownership rights unless there is a
duly registered sale deed, however, certain rights can exist in an immovable property pursuant to the
provisions of Section 53A of the Transfer of Property Act, 1882, Section 202of the Contract Act, 1872.
There also takes place devolution of interest after the death of the testator in terms of a Will.

Here, there is additionally one other viewpoint which should be cleared up before continuing ahead and
which is whether an power of attorney given for thought would stand doused on the demise of the executant
of the power of attorney. The response to this is contained in delineation given to Section 202 of the
Contract Act, 1872, and the said arrangement with its representation peruses as under:-

"Area 202. End of office, where agent has an enthusiasm for topic.- Where the agent has himself an
enthusiasm for the property which frames the topic of the office, the office can't, without an express
contract, be ended to the preference of such intrigue.

Illustrations:

(a) A gives the authority to B for selling A’s land, & to pay himself, out of proceeds, debts due to him from
A. A cannot revoke that authority, nor can it can be terminated by his insanity/death.

(b) A consigns 1,000 bales of cotton to B, who made advance payment to him on that cotton, & desires B to
sell that cotton, and repay himself out of price, the amount of his own advances. A cannot revoke that
authority, nor is it terminated through his insanity or death.

The object of offering legitimacy to power of attorney given for thought even after death of executants is to
guarantee that privilege under such power of attorney remains in light of fact that equivalent is certainly not
normal/standard power of attorney yet equivalent had components of business exchange which can't be
permitted to be baffled by the virtue of death of executant of power of attorney.
In the aforementioned foundation, I would try to replicate the pertinent paras of the judgment gone by me on
28.2.2011 to demonstrate that the said reasons given in the judgment dated 28.2.2011 would in any case
apply for transfer of the present intrigue and which reasons have no co-connection to the part of overruling
the Division Bench judgment of Asha M. Jain (supra). The pertinent paras of the judgment dated 28.2.2011
are as under:-

"1. The test by methods for this standard first intrigue under Section 96 of the Code of Civil Procedure,
1908, is to the denounced judgment and pronouncement dated 11.5.2000 whereby the suit of the respondent
No.1/offended party for ownership and mesne benefits regarding the property No. 563, Ambedkar Basti,
close Balmiki Gate, Ghonda, Delhi-110053 was declared.

2. The instance of the respondent No.1/offended party was that Sh. Kundan Lal, father of the gatherings,
who claimed the property, sold the property to him by methods for the records being the consent to sell,
power of attorney, affirmation, receipt and Will on 16.5.1996. It was satisfied that the litigant/respondent
No.1 was dwelling as a licensee in the suit property and which permit was ended making the appealing
party/respondent No.1 obligated to hand over ownership of the suit property. It was likewise argued that the
appealing party/litigant No.1 had the ownership of the first papers of the property and which he had wouldn't
part with and consequently an obligatory order was additionally looked for return of the archives.

3. The appealing party/litigant No.1 challenged the suit by expressing that the dad Sh. Kundan Lal possessed
three properties in particular the suit property, another property being property no. 290 at the equivalent
Ambedkar Basti and third property being the property abutting property no. 290. It was expressed that father
amid his life time divided the properties. The suit property tumbled to the offer of the litigant/respondent
No.1. The parcel was expressed to be in July, 1973. The litigant/respondent No.1 additionally recorded a
counter-guarantee for wiping out of the reports executed for the respondent No.1/offended party by the dad
on 16.5.1996.

4. After the pleadings were finished, the preliminary court confined after issues.

"1. Has the offended party any right, title or enthusiasm for the suit property?
2. Regardless of whether the litigant turned into the proprietor of the suit property by uprightness of oral
parcel in the year 1973?OPD

3. Regardless of whether the litigant no.1 turned into the proprietor of the suit property based on unfriendly
belonging also?OPD

4. Regardless of whether the supposed archives for example consent to sell, GPA, will are invalid and void
in perspective on the para 5 of the starter complaint in the W.S.?OPD

5. Regardless of whether the suit is banished by O-2 Rule 2 CPC? OPD.

6. Regardless of whether the suit isn't legitimately valued?OPP

7. Regardless of whether the offended party is qualified for the help guaranteed.

8. Regardless of whether the litigant no.1 is qualified for the help of counter claim?OPD"

5. The respondent No.1/offended party showed up in the observer box and demonstrated the reports dated
16.5.1996 being the consent to sell (Ex.PW1/2), General Power of Attorney (Ex.PW1/6), Affidavit
(Ex.PW1/3), Receipt for Rs.1,40,000/ - (Ex.PW1/4) and Will (Ex.PW1/5). The respondent No.1/offended
party additionally got help of their remain from the testimonies of the bearing witness to observers to the
reports in particular Sh. Munir Ahmed who was analyzed as PW-3 and Sh. Shri Ram was inspected as PW-
4. Sibling of the gatherings Sh. Slam Swaroop, removed for the respondent No.1/offended party as PW-2.

6. As I would like to think, the respondent No.1/offended party has truly demonstrated that the privilege in
the suit property was moved to support him by methods for the records dated 16.5.1996. The observers to
these archives dismissed for the respondent No.1/offended party and bolstered the execution of the records.
Learned guidance for the appealing party tried to contend that there were irregularities in the announcement
of the authenticating observers on the grounds that Sh. Munir Ahmed (PW-3) expressed that he didn't know
whether Sh. Kundan Lal used to put thumb impression or marks and Sh. Shri Ram (PW-4) discussed a deal
deed while the records being referred to don't indicate presence of a deal deed. Learned insight for the
litigant additionally contended that the sibling Ram Swaroop (PW-2) expressed that the property bearing
no.290 Ambedkar Basti was given in blessing and not in deal and along these lines there was logical
inconsistency in the announcement of PW-2 in light of the fact that the suit property was not skilled but
rather sold. 8. I don't discover any substance at all in the contentions of the scholarly advice for the
appealing party. A common case is chosen parity of probabilities. For each situation, there may show up
irregularities in the statements of observers be that as it may, the affidavits must be taken all in all. Minor
irregularities which don't influence the principle substance of the case, are to be taken in right viewpoint
alongside different confirmations, including narrative proof which is driven for the situation. Accepting that
an observer isn't expressing accurately in certain spots does not imply that he is to be held lying by and large
and thus a problematic observer.

7. This is so on the grounds that it has been more than once said by the Supreme Court that the convention
Falsus in Uno, Falsus in Omnibus does not make a difference in India. The irregularities which are called
attention to by scholarly insight for the appealing party don't in any way, trim down the impact of the
records dated 16.5.1996, and which built up that, the respondent No.1/offended party paid thought of
Rs.1,40,000/ - to his dad for buy of the property. Regardless, it has come in the testimony of the other
sibling PW-2 that the dad offered the property available to be purchased to every one of the siblings, and it
was just the respondent No.1/offended party who offered to buy the property, and from there on bought the
property. The affidavit of the sibling Ram Swaroop (PW-2) is imperative in such a case that the instance of
the appealing party/litigant No.1 was right that there was a segment in the year 1973 at that point, even Sh.
Slam Swaroop would have one of the properties, yet Sh. Smash Swaroop who was having great relations
with the appealing party/litigant No.1, ousted that there was no parcel in the year 1973.

8. Another angle important is that before the remain of the litigant/respondent No.1 can be viewed as that
there was a parcel in the year 1973, it was important to be demonstrated that other than the suit property Sh.
Kundan Lal additionally claimed two different properties to be specific 290 Ambedkar Basti and
furthermore the property connecting of the 290 Ambedkar Basti. There isn't a smidgen of proof on record
that Sh. Kundan Lal claimed the two properties to be specific 290 Ambedkar Basti and the property
bordering 290 Ambedkar Basti and therefore, this instance of parcel of the appealing party/litigant No.1 in
like manner tumbles to the ground. Likewise, on the off chance that there was a parcel, at that point,
doubtlessly, the dad additionally would have taken some offer in the properties in any case, according to the
instance of the appealing party/respondent No.1, the dad did not have even one out of three properties. This
likewise is fantastic accepting that father possessed two different properties other than the suit property, and
which regardless he is never appeared to have claimed.
9. At this stage, I should expedite a pertinent certainty record that this case was contended in detail on
31.1.2011 whereafter it was fixed for now. There was a probability of trade off in the appealing
party/respondent No.1 getting an offer of the said property. It happens that in actuality the appealing
party/respondent No.1 has likewise sold half of this property, though, best case scenario if the property was
to be divided today, the litigant would have had just 1/fourth offer of the properties as there were three
children recently Sh. Kundan Lal and one girl. The respondent No.1 concurred that the appealing
party/litigant No.1 may keep receipt available to be purchased thought of half of the property, which in
actuality would be twofold of a lot of 1/fourth, in any case, the insight for the litigant, on guidelines from the
appealing party, who is available in court declined the idea of the respondent No.1/offended party.

10. This court is qualified for meddle with the discoveries and finishes of the preliminary court just if the
discoveries and finishes of the preliminary court are illicit and unreasonable. Just on the grounds that two
perspectives are conceivable, this court won't meddle with the reproved judgment and pronouncement
except if similar causes grave treachery. I don't discover wrongdoing or perversity in the condemned
judgment and pronouncement which calls for impedance by this court. The realities of the case demonstrate
that respondent No.1/offended party was appropriately ready to substantiate his case and get support from
both confirming observers of the reports other than likewise from the sibling Ram Swaroop who had great
relations with the litigant/respondent No.1.”

To maintain a strategic distance from superfluous redundancy, I am not again expressing every one of the
actualities, issues, proof and discourse as contained in the previously mentioned paras and I would look to
receive the equivalent with the end goal of transfer of this intrigue as though the said paras are in certainty
part of this judgment.

In like manner, regardless of whether we don't give the advantage of Section 53A of the Transfer of Property
Act, 1882 to the respondent No.1/offended party, the respondent No.1/offended party anyway would be
qualified for advantage of Section 202 of the Contract Act, 1872 and the way that possession had regressed
upon him as far as the Will executed by the dad to support him on 16.5.1996. The contention asked for the
benefit of the appealing party by his insight that power of attorney, Ex.PW1/6 stopped to work after the
passing of the dad is a contention with no substance in perspective on the arrangement of Section 202 of the
Contract Act, 1872 alongwith its delineation (which I have recreated above) and which demonstrates that
power of attorney given for thought works even after the demise of the executant.
Extraordinary pressure was laid for the appealing party to the way that the respondent No.1/offended party
had neglected to demonstrate the Will, Ex.PW1/5 as per law because of the fact that no authenticating
observers were analyzed. Dependence is put in the interest of the litigant on the judgment of the Supreme
Court on account of Kashibai and Anr. Versus Parwatibai and Ors.5 to contend that the Will must be
demonstrated regarding the arrangements of Indian Succession Act, 1925 and Section 68 of the Evidence
Act, 1872 by calling of the authenticating observers and if the equivalent isn't done only in light of the fact
that there is a show mark given to the Will, the equivalent can't be said to be demonstrated.

Another contention all around strenuously advanced in the interest of the litigant was that the reports dated
16.5.1996 executed by the dad for the respondent No.1/offended party were produced and manufactured
archives made after the passing of the dad who kicked the bucket in the year 1997. As I would see it, this
contention is absolutely with no legitimacy for the reason that the reports being the consent to sell, general
power of attorney, receipt, and so on dated 16.5.1996 incorporates an enrolled record being the Will which
was enlisted with the sub-Registrar on the date of its execution for example 16.5.1996. Thusly, this
contention that the archives were created after the passing of Sh. Kundan Lal in 1997, is accordingly
dismissed.

Learned insight for the appealing party at long last laid extraordinary weight on paras 18 and 19 of the
judgment of the Supreme Court on account of Suraj Lamps and Industries Pvt. Ltd. (supra) and which read
as under:-

"18. We have merely drawn attention to and reiterated the well- settled legal position that SA/GPA/WILL
transactions are not „transfers‟ or „sales‟ and that such transactions cannot be treated as completed transfers
or conveyances. They can continue to be treated as existing agreement of sale. Nothing prevents affected
parties from getting registered Deeds of Conveyance to complete their title. The said „SA/GPA/WILL
transactions‟ may also be used to obtain specific performance or to defend possession under Section 53A of
TP Act. If they are entered before this day, they may be relied upon to apply for regularization of
allotments/leases by Development Authorities. We make it clear that if the documents relating to
„SA/GPA/WILL transactions‟ has been accepted acted upon by DDA or other developmental authorities or
by the Municipal or revenue authorities to effect mutation, they need not be disturbed, merely on account of
this decision.

5
1995 IV AD S.C. (C) 41
19. We make it clear that our observations are not intended to in any way affect the validity of sale
agreements and powers of attorney executed in genuine transactions. For example, a person may give a
power of attorney to his spouse, son, daughter, brother, sister, or a relative to manage his affairs or to
execute a deed of conveyance. A person may enter into a development agreement with a land developer or
builder for developing the land either by forming plots or by constructing apartment buildings and in that
behalf execute an agreement of sale and grant a Power of Attorney empowering the developer to execute
agreements of sale or conveyances in regard to individual plots of land or undivided shares in the land
relating to apartments in favour of prospective purchasers. In several States, the execution of such
development agreements and powers of attorney are already regulated by law and subjected to specific
stamp duty. Our observations regarding „SA/GPA/WILL transactions‟ are not intended to apply to such
bona fide/genuine transactions."

At last, I might want to take on record the way that scholarly direction for the respondent No.1 has repeated
the remain of the respondent No.1/offended party contained in para 9 of the judgment dated 28.2.2011 that
the respondent No.2 who appears to have acted bonafidely ought not be superfluously partial by the
prosecution in the family and to the degree of half rights made for respondent No.2 in the suit property the
equivalent are saved and such rights for respondent No.2 will remain and the respondent No.1/offended
party is just asserting ownership of the equalization bit of the suit property from the appealing party/litigant
No.1. Likewise, I may for culmination express that the contentions which were raised for the benefit of the
appealing party in this Court were just as for issue Nos.1, 2 and 4 which were encircled by the preliminary
Court and no other issue was squeezed or encouraged under the watchful eye of this Court.

In view of the aforesaid facts and the validity of the documents, being the power of attorney and the Will
dated 16.5.1996, the respondent No.1/plaintiff would though not be the classical owner of the suit property
as would an owner be under a duly registered sale deed, but surely he would have better rights/entitlement of
possession of the suit property than the appellant/defendant No.1. In fact, I would go to the extent saying
that by virtue of para 14 of the judgment of the Supreme Court in the case of Suraj Lamps & Industries Pvt.
Ltd. (supra) taken with the fact that Sh. Kundan Lal has already died, the respondent No.1/plaintiff becomes
an owner of the property by virtue of the registered Will dated 16.5.1996. A right to possession of an
immovable property arises not only from a complete ownership right in the property but having a better title
or a better entitlement/right to the possession of the property than qua the person who is in actual physical
possession thereof.
The certainties of the present case demonstrate that the respondent No.1/offended party has without a doubt
better privilege/title/rights in the suit property in order to guarantee ownership from the appealing
party/litigant No.1/sibling. I have officially held over that the litigant/respondent No.1 hopelessly neglected
to demonstrate that there was any segment as affirmed of the year 1973 whereby the suit property
supposedly tumbled to the offer of the appealing party/litigant No.1. Truth be told, the second purpose
behind holding the appealing party to be fruitless in setting up his supplication of parcel is that the litigant
neglected to lead any proof with regards to the next two properties being the property No.290, Ambedkar
Basti, Delhi and the second property being the propertyadjoining the property No.290, Ambedkar Basti,
Delhi as having had a place with the dad Sh. Kundan Lal.

In perspective on the abovementioned, I don't discover any legitimacy in the intrigue, which is likewise
expelled subject to the perceptions made over that the respondent No.1/offended party might be qualified for
ownership of half of the suit property which is in control of the appealing party/litigant No.1, and the
privileges of respondent No.2 would stay secure as for the half offer of the suit property which was bought
by the respondent No.2/respondent No.2 from the litigant/litigant No.1. Gatherings are left to endure their
own expenses. Preliminary Court record be sent back.

TMT. KASTHURI RADHAKRISHNAN & ORS. v. M. CHINNIYAN & ANR.6

Date of Judgement: 28.01.2016

(para 42)

Law identifying with POA is represnted by arrangements of POA act, 1882. It is all around settled in that
that agent acting under POA act, when it in doubt, for sake of his chief. Any reocord executed/thing done by
agent on quality of power of attoeney is powerful as though executed or done for sake of essential I.e.., by
key himself. An agent, in this way, dependably follows up in intrest of foremost and practices just those
forces, which are given to him in POA by vital. Any demonstration/thing done by agent on quality of POA
is, in this manner, never translated or/and treated to have been finished by agent in him own ability in order
to make any previlidge to support him yet is constantly interpreted as having done by central itself. Agent, in
this manner, never gets any close to home advantage of any nature. Applying previosuly mentioned

6
2016 (1) SCALE 569
standard, this court in Suraj Lamp and Industries Private Limited v. Province of Haryana and anr 7, held in
S. 20 and 21 as under:

"20. An power of attorney isn't an instrument of move with respect to one side, title or enthusiasm for an
enduring property. The power of attorney is formation of an organization whereby the grantor approves the
grantee to do the demonstrations determined in that, in the interest of grantor, which when executed will tie
on the grantor as though done by him (see Section 1-An and Section 2 of the Powers of Attorney Act, 1882).
It is revocable or limited whenever except if it is made irreversible in a way known to law. Indeed, even a
permanent attorney does not have the impact of exchanging title to the grantee.

21. In State of Rajasthan v. Basant Nahata8, this Court held:

"13. A give of power of attorney is basically represented by Chapter X of the Contract Act. By reason of a
deed of power of attorney, a agent is formally delegated to represent the central in one exchange or a
progression of exchanges or to deal with the issues of the vital by and large giving essential authority upon
someone else. A deed of power of attorney is executed by the key for the agent. The agent determines a
privilege to utilize his name and all demonstrations, deeds and things done by him and subject to the
constraints contained in the said deed, the equivalent will be perused as though done by the benefactor. An
power of attorney is, as is notable, a record of comfort. *

52. Execution of an power of attorney as far as the arrangements of the Contract Act as likewise the Powers
of Attorney Act is legitimate. An power of attorney, we have seen hereinbefore, is executed by the
contributor to empower the donee to follow up for his sake. Aside from in situations where power of
attorney is combined with intrigue, it is revocable. The donee in exercise of his capacity under such power
of attorney just acts instead of the giver subject obviously to the forces allowed to him by reason thereof. He
can't utilize the power of attorney for his own advantage. He acts in a trustee limit. Any demonstration of
unfaithfulness or rupture of trust is an issue between the benefactor and the donee."

A attorney holder may anyway execute a deed of movement in exercise of the power allowed under the
power of attorney and pass on title in the interest of the grantor."

7
(2012) 1 SCC 656
8
(2005) 12 SCC 77
This was trailed by this Court in Church of Christ Charitable Trust and Educational Charitable Society v.
Ponniamman Educational Trust,9 (para 43).

Power of Attorney is a crucial authoritative archive utilized by Individuals and Enterprises in their everyday
dealings. Preceding diving into the inherent issue of refinement between General Power of Attorney (GPoA)
and Special Power of Attorney (SPoA) it is fitting to clarify on the law identifying with Power of Attorney
in India.

Law identifying with power of attorney, was all round explained by SC on account of Tmt. Kasthuri
Radhakrishnan and ors. V. M. Chenniyan and anr, wherein Apex court expressed that law identifying POA
is administered by arrangement of POA act, 1882. it is all around settled that that an agent acting under POA
dependably acts , when in doubt, for sake of his central. Any report executed/thing done by agent on quality
of power of attorney is a succesful as though executed or done for sake of central, I.e.. by foremost himself.
Agent, in this way, dependably follows up in intrest of chief and activites just those forces, which are given
to him in POA by key.

Any demonstration/thing done by agent on quality of POA is, in this manner, never interpreted or/and
treated to have been finished by agent in his own ability in order to make previlidge to support him however
is constantly translated as having done by main himself. Agent, hence, never gets any close to home
advantage of any nature.

Impact of Power of Attorney–

In Tmt. Kasthuri case, the Supreme Court had completely held that any archive executed or thing done by an
Agent on the quality of Power of Attorney is as successful as though executed or done by the Principal
himself.

Other related cases are:

Suraj Lamp and Industries Private Limited versus Province of Haryana and Anr.

Province of Rajasthan v. Basant Nahata.

9
(2012) 8 SCC 706
Church of Christ Charitable Trust and Educational Charitable Society versus Ponniamman Educational
Trust.

Revocation of Power of Attorney:

The Law relating to revocation of Power of Attorney can be found under Section 201 of Indian Contract
Act. The said statutory arrangement accommodates end of office. As indicated by this arrangement an
organization can be ended under the accompanying conditions:

1. By Principal renouncing his power

2. By the agent denying his business of organization

3. At the point when business of organization is finished

4. On the off chance that either the Principal or Agent bites the dust or is the fate of unsound personality

5. Principal ends up ruined (insolvent).

The Basic Principles To Remember

1. The general principle of power of attorney is that it ought to be carefully understood.

2. Except if an express power is presented on an agent to go into contracts of assurances for the benefit of
his chief or to execute or arrange , debatable instruments for his foremost together with others

3. An agent can't by his demonstrations tie the central to a bigger degree than he is engaged to do under the
power of attorney.

4. Extortion by the power agent does not tie the key. He can't be sued or generally considered in charge of
misrepresentation by the agent

5. On the off chance that the power does not approve the agent to carry on a business aside from with
impediments any demonstration done by him in overabundance of such power won't tie the primary.

6. For instance capacity to discard property does not present a capacity to contract the property.

7. Capacity to oversee immoveable property can't allow key's decorations which are a moveable legitimate .

Vital Rules For Construction Of Power Of Attorney

1. The employable piece of the deed is constrained by the presentations

2. Where authority is given to complete a specific demonstration, trailed by general words, the general
words are confined to do what is vital for the best possible execution of the specific demonstrations.

3. General words don't give general forces, however are constrained to the reason for which the authority is
given, and are understood as extending the exceptional powers just when essential for that reason

4. The deed must be understood in order to incorporate all forces fundamental for its execution.

Enrollment Of Power-Of-Attorney

1. Enrollment of power of attorney isn't obligatory. it is discretionary

2. In India, where the Registration Act, 1908, is in power, the Power of Attorney ought to be validated by a
Sub Registrar just, (Whenever an individual signs the record and his attorney presents/concedes execution).

3. In different regions, authentication ought to be by a Notary or political agents

4. In the event that a attorney under a substantial Power of Attorney himself signs a report, he may, as an
executing (marking) party present/concede execution of a record however it is bore witness to by a Notary,
except if the content of the power explicitly avoids such powers

5. Outside Power of Attorney ought to be got stepped by the Collector after its receipt in India inside
recommended time of 3 months

6. Enrollment of power of attorney validates the deed of power of attorney

7. power of Attorney will be bore witness to by at least two grown-up free observers who are of sound
personality

8. On the off chance that an power of attorney is in regard of an undaunted property of significant worth
more than Rs100 it must be enlisted.

Revocation Of General Power Of Attorney

As per the Judicial recognition, under the accompanying conditions, the power of attorney can be denied:

1. In the event that the power given to the attorney is combined with an intrigue it is unalterable.
2. To choose whether a given power is combined with intrigue or not respects are to be given to the realities
of each case and the wordings of the instrument itself.

3. The privilege of an agent to compensation however stipulated as property to be delivered by exercise of

power isn't an enthusiasm for the required sense.

4. On the off chance that the power is unalterable according to the test set out the gatherings are by the by
allowed to make it revocable by an express stipulation despite what might be expected.

5. On the off chance that the power is revocable than the gatherings can't make it irreversible simply by
composing that the instrument is permanent.

The situation in our nation is equivalent to that in England. An power of attorney is consequently ended on
the off chance that One of the gatherings to the instrument kicks the bucket or ends up crazy, The central
winds up wiped out or bankrupt, a particular condition in the instrument is ruptured, the business arrives at
an end. "Courts allude to Indian Contract Act arrangements to decide this inquiry.”

CONCLUSION

The authority is limited to act just on specific issues or just a specific sort of exchange or to do a particular
legitimate exchange for the Principal. The agent's capacity of attorney lapses on the fulfillment of the
exchange. In the event that any extortion by the power agent does not tie the vital. He can't be sued or
generally considered in charge of misrepresentation by the agent. In the event that the power does not
approve the agent to carry on a business aside from with constraints any demonstration done by him in
overabundance of such power won't tie the central. A fortiori, a agent can't by his demonstrations tie the
main to a bigger degree than he is enabled to do under the power of attorney.

BIBLIOGRAPHY
1. “The Transfer of Property Act”, Sir Dinshaw Fardunji Mulla, 13th edition, Lexis Nexis.

2. “Property Law”, Dr. Poonam Pradhan Saxena, 3rd edition, Lexis Nexis.

3. “Transfer of Property Act”, Dr. R. K. Sinha, Central Law Agency.

4. “Transfer of Property Act”, S. N. Shukla, Allahabad Law Agency.

5. “Textbook on Transfer of Property Act”, Dr. Avtar Singh, 5th edition, Universal Law Publishing.

6. https://www.quora.com/What-is-the-procedure-for-giving-a-power-of-attorney-for-a-property-in-India

7. https://thelogicalindian.com/good-to-know/law/execution-of-power-of-attorney-in-india/

8. https://www.am22tech.com/registered-power-of-attorney-in-india/

9. http://assetyogi.com/power-of-attorney-for-property-india/#ixzz3hLvavZ7y

10. https://blog.ipleaders.in/power-of-attorney/

11. http://www.legalservicesindia.com/article/1136/Power-of-Attorney.html

12. https://lawrato.com/indian-kanoon/documentation-law/importance-of-power-of-attorney-in-india-622

13. https://www.linkedin.com/pulse/supreme-court-india-law-relating-power-attorney-advocate

14. http://www.lawyersclubindia.com/articles/Power-of-Attorney-8736.asp

15. https://www.legalindia.com/power-of-attorney/

16. https://economictimes.indiatimes.com/execution-of-power-of-attorney/articleshow/3320093.cms

17. https://www.google.com/url?

sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=2ahUKEwiA4pbf8NjgAhXDbisKHQshAjAQFjAAegQI
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%2Fgpawithconsideration.doc&usg=AOvVaw1wSjZYb7uPNN7VVWeGt7x6