Lawstreet Journal

A Power Of Attorney Is To Be Construed Strictly; Agent Can’t Sell Without Express Authorisation: Supreme Court

Lawstreet Journal 1 Apr 2022 11:03am

Image courtesy: Lawstreet Journal Judiciary A Power Of Attorney Is To Be Construed Strictly; Agent Can’t Sell Without Express Authorisation: Supreme Court

The Hon’ble Supreme Court held  that :

The power to sell is not to be inferred from a document of Power of Attorney .Ordinarily a Power of Attorney is to be construed strictly by the Court  and Cannot amplify or magnify the clauses contained in the deed of Power of Attorney .

The document should expressly authorize the agent, 

  1. To execute a sale deed; 
  2. To present it for registration; and 
  3. To admit execution before the Registering Authority[1]

 

FACTS

 The suit schedule property originally belonged to one Ullattukandiyil Sankunni. After his death, the property devolved upon his two daughters, one of whom is the appellant herein. The appellant herein executed a general Power of Attorney on July 21 , 1971 registered , in favour of her sister Smt. Ranee Sidhan. However, the said power was cancelled on January 31, 1985. But in the meantime, the appellant’s sister was found to have executed four different documents in favour of certain third parties, assigning/releasing some properties. Though a preliminary decree was passed in the second suit on January 7, 1989.The appellant came to know later that the assignees/releasees had sold the property to the respondent herein. Therefore, the appellant filed yet another suit, seeking partition and separate possession of her half share in the suit property. 

The trial Court granted a preliminary decree in favour of the appellant. However, the regular appeal filed by the respondent herein was allowed by a Division Bench of the High Court by the… Continue Reading...


Tagged: Supreme Court of India  
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