jitendra yadav (ADVOCATE) 02 November 2011
as per recent judgement of SC, properties sell through general power of attorney or sale agreement do not create any interest or right or title in case of freehold properties and leasehold properties it should be through deed conveyence or sale deed( duly registered) but what about properties which are situated in chawl or zhoparpatti whether it can be sold through sale agreement or it also requires to be registered through deed conveyence/sale deed? please suggest me........
adv. rajeev ( rajoo ) (practicing advocate) 02 November 2011
Registrtion is mandatory.
Arvind Sehdev (Advocate) 03 November 2011
General power of attorney have no legal sanctity and immovable property can be sold or transferred only through registered deeds- Supreme Court (Suraj Lamp & Industries Pvt Ltd Vs State Of Haryana)
A three-judge bench of justices R V Raveendran, A K Patnaik and H L Gokhale also asked the states to reduce stamp duty rates to prevent undervaluation of property and stashing of black money by vested interests. The apex court said high stamp rates has led to rampant abuse of the general powr of attorney (GPA), sale agreements (SA) and Wills, resulting in huge loss of money to the exchequer.
Sailesh Kumar Shah (Advocate) 04 November 2011
Yes!!!!! registration is must.
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