CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints Minimum Wages Cannot Be Ignored While Determining Just Compensation: Andhra Pradesh High Court Re-Fixes Income of Deceased Mason, Enhances Interest to 7.5% 34 IPC | Common Intention Is Inferred From Manner Of Attack, Weapons Carried And Concerted Conduct: Allahabad High Court Last Date of Section 4 Publication Is Crucial—Error in Date Cannot Depress Market Value: Bombay High Court Enhances Compensation in Beed Land Acquisition Appeals Order 26 Rule 10-A CPC | Rarest of Rare: When a Mother Denies Her Own Child: Rajasthan High Court Orders DNA Test to Decide Maternity Acquittal Is Not a Passport Back to Uniform: Punjab & Haryana High Court Upholds Dismissal of Constable in NDPS Case Despite Trial Court Verdict Limitation Under Section 468 Cr.P.C. Cannot Be Ignored — But Section 473 Keeps the Door Open in the Interest of Justice: P&H HC Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness Employee Cannot Switch Cadre At His Sweet Will After Accepting Promotion: J&K High Court Rejects Claim For Retrospective Assistant Registrar Appointment Anticipatory Bail Cannot Expire With Charge-Sheet: Supreme Court Reiterates Liberty Is Not Bound by Procedural Milestones Order II Rule 2 Cannot Eclipse Amendment Power Under Order VI Rule 17: MP High Court Refuses to Stall Will-Based Title Suit Grounds of Arrest Must Be Personal, Not Formal – But Detailed Allegations Suffice: Kerala High Court Upholds Arrest in Sabarimala Gold Misappropriation Case Grounds of Arrest Are Not a Ritual – They Are a Constitutional Mandate Under Article 22(1): Allahabad High Court Sets Aside Arrest for Non-Supply of Written Grounds Sect. 25 NDPS | Mere Ownership Cannot Fasten NDPS Liability – ‘Knowingly Permits’ Must Be Proved Beyond Reasonable Doubt: MP High Court Section 308 CrPC | Revocation of Pardon Is Not Automatic on Prosecutor’s Certificate: Karnataka High Court Joint Family and Ancestral Property Are Alien to Mohammedan Law: Gujarat High Court Sets Aside Injunction Right to Health Cannot Wait for Endless Consultations: Supreme Court Pulls Up FSSAI Over Delay in Front-of-Pack Warning Labels If A Son Dies Intestate Leaving Wife And Children, The Mother Has No Share: Karnataka High Court

Supreme Court Rules Non-Production of Power of Attorney Not Fatal to Validity of Sale Deed

07 May 2024 8:19 AM

By: Admin


In a recent judgment, the Supreme Court of India has clarified that the non-production of a power of attorney in a suit is not fatal to the validity of a sale deed executed through a power of attorney. The court emphasized that the production of the original power of attorney is not an indispensable requirement to establish the validity of the execution of a sale deed.

The case, titled Dhirendra Chandra Saha and Another v. Sarat Chandra Majumdar and Others, involved the validity of a sale deed executed by the plaintiff, Dhirendra Chandra Saha, through a power of attorney. The defendants had challenged the sale deed, arguing that the power of attorney was not produced in the suit and therefore the execution of the sale deed was invalid.

Justice B.V. Nagarathna, delivering the judgment on 13th January 2023, observed that the registration of a document is a solemn act and the recitals of a registered document are presumed to be valid unless strong evidence is presented to the contrary. The court held that the statutory presumption of validity under Section 60 of the Registration Act could be invoked when all the requirements of executing a sale deed are complied with.

Furthermore, the court referred to Section 32(c) of the Registration Act, which authorizes the agent of a person, representative, or assignee to present a document for registration. It noted that the person executing the document, in this case, the power of attorney holder, does not require a power of attorney to present the document. The court clarified that the power of attorney holder need not produce the original document conferring power of attorney before the Sub-Registrar at the time of registration.

The court cited the case of Amar Nath v. Gian Chand and Another, wherein it was held that a sale deed executed through a power of attorney would not be liable to be disturbed solely on the ground that the power of attorney was not produced before the Sub-Registrar.

In this case, the defendants failed to produce any evidence to rebut the presumption of validity of the sale deed executed through the power of attorney. The court noted that the defendants had accepted the findings of the Trial Court and First Appellate Court, which concluded that they had no title over the suit land. The original owner of the property also did not dispute the execution of the power of attorney.

Supreme Court affirmed the judgment of the High Court, which decreed the suit in favor of the plaintiff. The court held that the non-production of the power of attorney in the suit was not fatal to the case of the plaintiff, and the sale deed executed through the power of attorney was valid.

Date of Decision: 13th January, 2023

Manik Majumder and Others   VS Dipak Kumar Saha (Dead) through Lrs. & Others 

Latest Legal News