Saturday 10 June 2023

Whether Will(Before Death Of Testator) Or General Power Of Attorney(GPA) Can Confer Title In Immovable Property?

 It goes without saying that the power of attorney executed by the Defendant-Appellant is of no consequence as on the strength of said power of attorney, neither sale deed has been executed nor any action pursuant thereof has been taken by the power of attorney holder which may confer title upon the Plaintiff-Respondent. Non-execution of any document by the general power of attorney holder consequent to it renders the said general power of attorney useless. {Para 12}

13. Similarly, the will dated 10.04.2002 executed by the Defendant-Appellant in favour of the Plaintiff-Respondent is meaningless as the will, if any, comes into effect only after the death of the executant and not before it. It has no force till the testator or the person making it dies. The said stage has not arrived in the present case and, therefore, even the aforesaid will in no way confers any right upon the Plaintiff-Respondent.


Civil Appeal Nos. 7527-7528 of 2012

Decided On: 02.06.2023

Ghanshyam  Vs. Yogendra Rathi

Hon'ble Judges/Coram:

Dipankar Datta and Pankaj Mithal, JJ.

Author: Pankaj Mithal, J.

Citation: MANU/SC/0642/2023.

Read full Judgment here: Click here

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