VidhiSangh

Supreme Court of India · 28/01/2022

AMAR NATH (DEAD) THROUGH L.R. versus GIAN CHAND AND ORS.

[2022] 19 S.C.R. 281 · 2022 INSC 106

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Summary

The Court reversed a second-appellate judgment invalidating a sale executed by a power-of-attorney holder. The actual executant could present the deed under Section 32(a) of the Registration Act without producing the original power of attorney for that purpose. The principal’s own correspondence undermined the alleged cancellation, and notice to the purchaser was unproved. A separate minimum-price undertaking binding the agent did not invalidate the sale under the unrestricted authority.

Issues

  1. Whether non-production of the original power of attorney invalidated registration of the deed executed and presented by its holder.
  2. Whether alleged revocation or breach of a separate minimum-price undertaking justified setting aside the sale.

Provisions considered

Held

Result

Appeal allowed; High Court judgment invalidating the sale set aside. Parties to bear their respective costs.

Judgment PDF: Supreme Court of India, [2022] 19 S.C.R. 281.