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Primary Law(s):
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1.
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Indian Stamp Act, 1899
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S. 27
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2.
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Indian Succession Act, 1925
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S. 69,S.70
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3.
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Powers of Attorney Act, 1882
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S.1A,S.2
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4.
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Registration Act, 1908
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S. 17, S. 49
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5.
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Specific Relief Act, 1963
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S.3
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6.
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Transfer of Property Act, 1882
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S. 5,S. 40,S.53A, S.54,S. 55
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7.
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Trusts Act
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S.91
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Court discussed:
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Scope of Agreement to Sale: A contract of sale /agreement of sale does not create any interest in, charge on such property.
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Scope Power of Attorney: A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property.
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Scope of Will: The two essential characteristics of a Will are that it is intended to come into effect only after the death of the testator and is revocable at any time during the life time of the testator.
Salient Findings:
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An Agreement to Sell/General Power of Attorney /Will transaction does not convey any title nor create any interest in an immovable property.
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Decisions to the extent recognizing or accepting SA/GPA/WILL transactions as concluded transfers, as contrasted from an agreement to transfer, are not good law.
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Immovable property can be legally and lawfully
transferred/conveyed only by a registered deed of conveyance.
On the effect of the decision on numerous GPA sales and SA/GPA/Will transfers that have been entered into prior to this judgment:
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The Court emphasized that they are merely reiterated well settled legal position that SA/GPA/Will transactions cannot be treated as completed transfers or conveyances.
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Such transactions can continue to be treated as agreement of sale.
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The said 'SA/GPA/WILL transactions' may also be used to
obtain specific performance or to defend possession under Section 53A of Transfer of Property Act.
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If such documents are entered before the day of this judgment, they may be relied upon to apply for regularization of allotments/leases by Development Authorities.
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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, the same is not be disturbed on account of this Judgment.
The observations in the Judgment not intended to affect validity of bona fide/genuine 'SA/GPA/WILL transactions’ that are done as per law.
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