Supreme Court gave a big decision regarding the ownership rights of the property, without these documents you will not be able to become the owner

HR Mandi Bhav (New Delhi). The Supreme Court has now given an important decision on the validity of both these documents regarding ownership of property. 

The court has said that the will (before the death of the testator) and the power of attorney cannot be recognized as documents or ownership documents granting rights in any immovable property.

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The bench of Justice Dipankar Dutta and Justice Pankaj Mithal, while giving the verdict in the case of Ghanshyam vs. Yogendra Rathi, said that if the power of attorney holder does not execute any document, the said power of attorney becomes useless. 

The bench said, “With respect to general powers of attorney and wills so executed, the practice, if any, prevalent in any State or High Court under which these documents are recognized as ownership documents or rights in any immovable property If the documents provided are recognized as such, then it is a violation of statutory law. 

No such custom shall override the specific provisions of law which require the execution or transfer or registration of a document of title so as to enable the sale of goods for a price exceeding Rs 100. To provide rights and ownership in immovable property.”

Will becomes effective only after death

According to a report by Livelaw.in, on the issue of whether any ownership can be conferred through a will or not, the division bench said that a will becomes effective only after the death of the executor.

A will has no force while the person making it is alive. In this case the testator is alive, hence the bench said that the will does not confer any rights on the defendant. A will cannot be recognized as a document granting rights in any immovable property.

Execution of power of attorney is necessary

The bench said that the general power of attorney given by the appellant to the respondent is irrelevant in the case. The defendant did not execute any sale deed using this power of attorney nor did any other action be taken which could confer ownership of the property on the defendant. Non-execution of any document results in the said General Power of Attorney becoming useless.

Transfer of property only through registered deed

The Supreme Court has already ruled in the case of Suraj Lamp and Industries Pvt Ltd vs State of Haryana and others (2009) that immovable property can be transferred only with the help of a Registered Conveyance Deed. 

This cannot be done through Sales Agreement, General Power of Attorney and Will. The Supreme Court has now agreed with the decision given in the case of Ghanshyam vs Yogendra Rathi and Suraj Lamp and Industries Pvt Ltd vs State of Haryana and others.