Supreme Court Lays Down Comprehensive Guidelines To Prevent Misuse Of POCSO Act In Matrimonial Disputes Land Reforms Act | Joint Application For Pre-Emption By Adjoining Landowners Is Maintainable: Calcutta High Court Ocular Evidence In Conflict With Medical Findings Or Withholding Of Natural Witnesses Vitiates Prosecution Case: Allahabad High Court Compassionate Appointment Claim Must Be Decided Based On Policy Prevalent At Time Of Death: Bombay High Court Section 376 IPC | Failure To Prove Initial Dishonest Intent In Marriage Promise Renders Sexual Relationship Consensual: Allahabad High Court Prolonged Incarceration And Delay In Trial Are Valid Grounds To Invoke Constitutional Right To Speedy Trial Under Article 21 In UAPA Cases: Delhi High Court Motor Vehicles Act | Insurer Liable To Pay And Recover Compensation For Gratuitous Passengers In Goods Vehicles: Gujarat High Court Proof Of Demand And Acceptance Under PC Act Must Be Evaluated Based On Preponderance Of Probabilities In Rebuttal: Kerala High Court Tenancy Claim | Mere Possession Without Lawful Foundation Or Identification Of Tenanted Land Cannot Confer Occupancy Rights: Karnataka High Court 125 CrPC | Maintenance Cannot Be Evaded By Claiming Physical Disability If Conduct Indicates Concealment Of Financial Means: Kerala High Court M.P. Municipal Corporation Act | Locus Standi Under Section 307(5) Limited To Residents Of The Municipal Area: Madhya Pradesh High Court Writ Jurisdiction | Belated Challenge To Disciplinary Action After Superannuation Amounts To Laches; Petition Dismissed: Punjab & Haryana High Court Order 39 Rule 1 & 2 CPC | Mere Pendency Of Partition Suit Does Not Entitle Plaintiff To Injunction Restraining Reconstruction Of Residential Building: Kerala High Court Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Section 482 CrPC | High Court Quashes FIR Following Private Compromise In Non-Heinous Dispute Arising From Civil Conflict Mere Involvement In Criminal Case Does Not Constitute Moral Turpitude To Deny Public Appointment: Telangana High Court Pendency Of Investigation Cannot Be A Blanket Ground To Deny Permission For Foreign Travel: Rajasthan High Court Fraudulent Representation By Counsel Vitiates Ex Parte Decree: Punjab & Haryana High Court Holds Professional Misconduct As Evidence Of Fraud Writ Jurisdiction | Suppression Of Material Facts Regarding Pending Criminal And Departmental Proceedings Renders Petition Liable To Dismissal: Orissa High Court Banking Fraud | Failure Of Bank Official To Conduct Physical Inspection Of Collateral Property Constitutes Criminal Conspiracy And Abuse Of Official Position: Madras High Court Fraud Vitiates Judicial Proceedings: Judgment Obtained Through Misrepresentation And Conflict Of Interest Cannot Be Sustained, Holds Punjab And Haryana High Court Discovery Under Section 27 Evidence Act From Publicly Accessible Place Requires Caution: Supreme Court Mere Recovery Of Articles At Instance Of Accused Without Independent Corroboration Cannot Sustain Conviction: Supreme Court DNA Profile Must Be Supported By Other Conclusive Evidence To Prove Guilt: Supreme 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