M.S. ANANTHAMURTHY & ANR. versus J. MANJULA

M.S. ANANTHAMURTHY & ANR. versus J. MANJULA

The GPA and contemporaneous Agreement to Sell did not create a proprietary interest in the GPA-holder sufficient to make the agency irrevocable under Section 202; mere recital of 'irrevocable' and entitlement to receive remuneration or authority to sell are insufficient to confer an interest in the subject-matter; because any transfer of an interest in immovable property by such documents would have required registration under Section 17(1)(b) of the Registration Act and the GPA/agreement were unregistered, the GPA-holder had no valid right, title or interest to execute the registered sale deed after the principal's death, and the High Court rightly upheld the trial court's decree in...

Parties
Appellant: M.S. Ananthamurthy & Anr.; Respondent: J. Manjula
Jurisdiction
India
Judgment Date
27 February 2025
Procedural Posture
Civil Appeal / Appeal to the Supreme Court From Judgment and Order of the High Court of Karnataka Dated 16.10.2019 in RFA Nos. 1317 and 1318 of 2014; Final Judgment Delivered by Supreme Court on Appeal
Outcome
Appeals dismissed
Legal Topics
General Power of Attorney, Irrevocable Power of Attorney, Registration of Instruments Under Section 17, Title and Possession in Suits for Injunction, Section 202 Indian Contract Act
Indian Contract Act, 1872 Registration Act, 1908 Transfer of Property Act, 1882 Agency Law Powers of Attorney Act, 1882 General Power of Attorney Irrevocable Power of Attorney Registration of Instruments Under Section 17 +2 more

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Parties

M.S. Ananthamurthy & Anr.

Appellant

J. Manjula

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court From Judgment and Order of the High Court of Karnataka Dated 16.10.2019 in RFA Nos. 1317 and 1318 of 2014; Final Judgment Delivered by Supreme Court on Appeal

Legal Issues

  1. 1 Whether the holder of a General Power of Attorney read with a contemporaneous Agreement to Sell had any right, title or interest in the subject-matter of the agency to execute a registered sale deed after the death of the principal
  2. 2 Whether the answering respondent was obliged to challenge the execution and validity of the General Power of Attorney and Agreement to Sell and seek a declaration that the registered sale deed executed after the principal's death was invalid

Ratio Decidendi

The GPA and contemporaneous Agreement to Sell did not create a proprietary interest in the GPA-holder sufficient to make the agency irrevocable under Section 202; mere recital of 'irrevocable' and entitlement to receive remuneration or authority to sell are insufficient to confer an interest in the subject-matter; because any transfer of an interest in immovable property by such documents would have required registration under Section 17(1)(b) of the Registration Act and the GPA/agreement were unregistered, the GPA-holder had no valid right, title or interest to execute the registered sale deed after the principal's death, and the High Court rightly upheld the trial court's decree in...

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • Parties shall bear their own costs