SC Rules: Property ownership unattainable via sale agreements or power of attorney

SC Rules: Property ownership unattainable via sale agreements or power of attorney

In a landmark decision, the Supreme Court recently addressed a pivotal matter concerning the transfer of property titles. The court underscored the imperative nature of registered documents in establishing ownership rights for any property transfer. Notably, the court clarified that a mere sale agreement or power of attorney does not suffice for a valid title transfer. According to the court's interpretation, ownership of property can only be legitimately established under the provisions of the Registration Act of 1908 when the relevant documents are formally registered.

The case that led to this crucial judgment involved a petitioner claiming ownership of a property, contending that it was bestowed upon them through a gift deed from their brother. The petitioner asserted their rightful ownership and corresponding possession of the property. In contrast, the opposing party staked a claim to the property based on a power of attorney, affidavit, and an agreement to sell.

The petitioner vehemently argued that the documents presented by the respondent lacked validity in the eyes of the law. They asserted that ownership rights to immovable property are void without the proper registration of documents. The Supreme Court, aligning with this argument, emphasized that the transfer of ownership rights to immovable property is contingent upon the registration of relevant documents. Consequently, the court dismissed the claims presented by the respondent and went further to accept the petitioner's appeal.

The Court held, "Law is well settled that no right, title or interest in immovable property can be conferred without a registered document."

This ruling signifies a pivotal precedent in property law, highlighting the indispensability of registered documents in validating property title transfers. The decision reaffirms the significance of adherence to the Registration Act of 1908, serving as a guide for future legal disputes pertaining to property ownership and transfers.

Case details:-

CIVIL APPEAL NO.1598 OF 2023
SHAKEEL AHMED …APPELLANT
VERSUS
SYED AKHLAQ HUSSAIN …RESPONDENT

Click here to read/download the Judgment

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