The Supreme Court has given a big decision regarding the transfer of title of property. While hearing a case, the court has said that to transfer the title of a property, it is necessary to have a registered document.
According to the court, mere sale agreement or power of attorney cannot be considered sufficient for title transfer. The Supreme Court has said that under the Registration Act 1908, property can be owned only if there are registered documents.
In the case in which the court has given its verdict, the petitioner says that he is the owner of the property and the property was given to him as a gift deed by his brother. He says that this property is his and the possession is also his. Whereas the other party has claimed the property and said that it has power of attorney, affidavit and agreement to sale in its favor.
In the reply of the other party, the petitioner said that the documents on the basis of which the defendant has made the claim are not valid. He has said that ownership of immovable property cannot be done without registered documents. The Supreme Court agreed with this and said that the ownership of immovable property cannot be transferred without a registered document, hence the claim of the defendant is rejected. The court also accepted the petitioner’s appeal.
What is Power of Attorney and Agreement to Sell?
Power of Attorney is a legal authority which is given by the owner of a property to another person. By getting power of attorney, that person can take decisions related to the purchase or sale of that property. But this is not ownership of the property at all. Agreement to Sale is a document in which all the details related to the property are decided between the buyer and the seller. In this, all the information about the price of the property and full payment is recorded.
