2011 (10) TMI 8 - SC - Indian Laws

Sale of property through general power of attorney - GPA Sale - transfer of title - section 53A of transfer of property Act - Held that:- immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance. - Transactions of the nature of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable property. - They cannot be recognized as deeds of title, except to the limited extent of section 53A of the TP Act.

Regularization of earlier GPA - Held that:- Nothing prevents affected parties from getting registered Deeds of Conveyance to complete their title. The said ‘SA/GPA/WILL transactions’ may also be used to obtain specific performance or to defend possession under section 53A of TP Act. If they are entered before this day, they may be relied upon to apply for regularization of allotments/leases by Development Authorities. We make it clear that if the documents relating to ‘SA/GPA/WILL transactions’ has been accepted acted upon by DDA or other developmental authorities or by the Municipal or revenue authorities to effect mutation, they need not be disturbed, merely on account of this decision.