Supreme court recent judgment on power of attorney effect on registered wills made by father to son

Guest (Querist) 09 December 2011 This query is : Resolved
Please clarify impact of recent supreme court judgment - "GPA sales or `SA/GPA/WILL transfers" on Registered Wills made by father to son/daughter (blood relatives).

In short judgment reads - “Transactions of the nature of `GPA sales' or `SA/GPA/WILL transfers’" do not convey title and do not amount to transfer nor can they be recognised or valid mode of transfer of immovable property. “The courts will not treat such transactions as completed or concluded transfers or as conveyances as they neither convey title nor create any interest in an immovable property. “Such transactions cannot be relied upon or made the basis for mutations in municipal or revenue records,”.

Judgment is confusing, whether registered will made by father (testator) to son/daughter as per THE INDIAN SUCCESSION ACT, 1925 is void?. Please clarify.

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Raj Kumar Makkad (Expert) 09 December 2011
Judgment is very very clear. Author may not be cleared.

So far your query is concerned, the registered will is valid and not void. Nothing like that has been opined in the judgment ibid which may mar the right of a father to transfer his property in favour of his son by way of his registered will.

Devajyoti Barman (Expert) 09 December 2011
Where is the confusion?
It nowhere makes any doubt about executation or registration of Will in normal circumstances.

Surrender K Singal (Expert) 10 December 2011
Author might be referring to Will supporting GPA/SPA as usually written bt petition-writers for such GPA deals, whereas genuine Wills, registered in normal course from parents are rightly opined by the Experts above

Sailesh Kumar Shah (Expert) 12 December 2011
your understanding is totally wrong. judgement have no effect on your father'WILL.

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