In a recent ruling, the Supreme Court of India has clarified that a Will or General Power of Attorney (GPA) cannot be considered as title documents or documents conferring rights in any immovable property. The court emphasized that the non-execution of any document by the GPA holder renders the GPA useless.
The verdict was delivered by a bench comprising Justice Dipankar Datta and Justice Pankaj Mithal while adjudicating an appeal in the case of Ghanshyam v. Yogendra Rathi. The court held that any practice or tradition recognizing these documents as conferring rights or titles in immovable property is in violation of statutory law.
The case involved an agreement to sell a property in Delhi and the subsequent execution of a will and a GPA. The respondent claimed ownership of the property based on these documents, while the appellant disputed their authenticity. However, the court found no evidence of manipulation or disputes regarding the execution of the documents.
The bench clarified that an Agreement to Sell is not a document of title or transfer of property and does not confer absolute ownership rights. However, it acknowledged that the respondent had possessory rights based on part performance of the agreement, including payment of sale consideration and possession of the property.
Regarding the will, the court highlighted that it comes into effect only after the death of the executant and has no force during their lifetime. Therefore, the will did not confer any rights upon the respondent.
The court further emphasized that a Will or General Power of Attorney cannot be recognized as title documents or documents conferring rights in immovable property. The non-execution of necessary documents by the GPA holder renders the GPA useless.
This ruling aligns with the Supreme Court’s previous judgment in Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana & Anr., where the transfer of immovable property through sale agreements, GPAs, and wills without a registered conveyance deed was deprecated.
The bench upheld the High Court’s decision, affirming the respondent’s right to eviction and mesne profits.
This landmark ruling by the Supreme Court clarifies the legal position regarding the validity and effectiveness of Wills and General Power of Attorney in conferring rights or titles in immovable property.
