Rame Gowda (D) By Lrs vs M. Varadappa Naidu (D) By Lrs. & Anr on 15 December, 2003
" Transfer of Property Act, 1882-Ss. 54, 55, 53-A, 105,
107, 5 and 8-Immovable Property-Proper mode of
transfer/conveyance of-General Power of attorney sales
(GPA sales) or sale agreements/general power of
attorney/will transfers while testator is alive (SA/GPA/living
will transfers)-Legality- Held, immovable Property can be
transferred/conveyed only by deed of conveyance (Sale Deed)
duly stamped and registered as required by law-Explaining
the nature and scope of an agreement of sale, power of
attorney and living will, held, GPA sales or SA/GPA/living
will transfers neither convey any title nor do they amount to
transfer of, or create interest in, immovable Property except
to the limited extent of S.53-A-Observations of Delhi High
Court in Asha.M.Jain case (2001) 94-DLT 841 that attorney
sale was a recognized mode of transaction, held,
unwarranted and unjustified".