Without these Documents, you cannot become the Owner of a Property - Supreme Court Decision
Brotherly property issues can turn into a problem. news about this problem is something we see regularly. A significant ruling was made by the supreme court during the hearing of a case involving the transfer of property titles. According to the court, the transfer of property title requires a registered document.
The court holds that a power of attorney or sale agreement by itself is insufficient to transfer property ownership. According to the Registration Act of 1908, property can only be transferred using a registered instrument, the supreme court explained.
Understand all the specifics
The petitioner in the case where the court rendered its decision asserted that he was the legitimate owner of the property and that his brother had given it to him as a gift. He kept the property in his control as well. However, the respondent said that he possessed a sale agreement, affidavit, and power of attorney in his favor, demonstrating his ownership of the property.
The respondent's claim was categorically rejected by the court.
The petitioner responded by claiming that the respondent's documents were faulty. He claimed that without registered paperwork, ownership of immovable property cannot be shown. Immovable property cannot be transferred without registered documentation, the court agreed. The petitioner's appeal was granted, and the respondent's claim was rejected.
Understand all the specifics
The petitioner in the case where the court rendered its decision asserted that he was the legitimate owner of the property and that his brother had given it to him as a gift. He kept the property in his control as well. However, the respondent said that he possessed a sale agreement, affidavit, and power of attorney in his favor, demonstrating his ownership of the property.
The respondent's claim was categorically rejected by the court.
The petitioner responded by claiming that the respondent's documents were faulty. He claimed that without registered paperwork, ownership of immovable property cannot be shown. Immovable property cannot be transferred without registered documentation, the court agreed. The petitioner's appeal was granted, and the respondent's claim was rejected.
Why are agreements to sell and powers of attorney important?
To put it simply, a Power of Attorney is a legal document that allows a property owner to provide someone else the ability to sell their property. The person can decide on matters pertaining to the property after being awarded power of attorney. This does not, however, imply that they acquired ownership of the land. An "Agreement to Sell" is a written agreement that includes every element of the buyer-seller real estate transaction. It contains comprehensive payment details and explicitly states the sale price.
The court holds that a power of attorney or sale agreement by itself is insufficient to transfer property ownership. According to the Registration Act of 1908, property can only be transferred using a registered instrument, the supreme court explained.
Understand all the specifics
The petitioner in the case where the court rendered its decision asserted that he was the legitimate owner of the property and that his brother had given it to him as a gift. He kept the property in his control as well. However, the respondent said that he possessed a sale agreement, affidavit, and power of attorney in his favor, demonstrating his ownership of the property.
The respondent's claim was categorically rejected by the court.
The petitioner responded by claiming that the respondent's documents were faulty. He claimed that without registered paperwork, ownership of immovable property cannot be shown. Immovable property cannot be transferred without registered documentation, the court agreed. The petitioner's appeal was granted, and the respondent's claim was rejected.
Understand all the specifics
The petitioner in the case where the court rendered its decision asserted that he was the legitimate owner of the property and that his brother had given it to him as a gift. He kept the property in his control as well. However, the respondent said that he possessed a sale agreement, affidavit, and power of attorney in his favor, demonstrating his ownership of the property.
The respondent's claim was categorically rejected by the court.
The petitioner responded by claiming that the respondent's documents were faulty. He claimed that without registered paperwork, ownership of immovable property cannot be shown. Immovable property cannot be transferred without registered documentation, the court agreed. The petitioner's appeal was granted, and the respondent's claim was rejected.
Why are agreements to sell and powers of attorney important?
To put it simply, a Power of Attorney is a legal document that allows a property owner to provide someone else the ability to sell their property. The person can decide on matters pertaining to the property after being awarded power of attorney. This does not, however, imply that they acquired ownership of the land. An "Agreement to Sell" is a written agreement that includes every element of the buyer-seller real estate transaction. It contains comprehensive payment details and explicitly states the sale price.