AIR 2012 SUPREME COURT 206 ::2011 AIR SCW 6385 ::AIR 2012 SC (Civil) 91

Supreme Court Of India

Hon'ble Judge(s): R. V. Raveendran, A. K. Patnaik, H. L. Gokhale , JJJ

Transfer of Property Act (4 of 1882) , S.5, S.54— Registration Act (16 of 1908) , S.17— Powers of Attorney Act (7 of 1882) , S.2— Succession Act (39 of 1925) , S.63— Immovable property - Transfer - Can be validly made only by registered sale deed - Not by sale agreement/general power of attorney or Will. (2001) 94 DLT 841, Overruled. Immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance. Transactions of the nature of 'General Power of Attorney Sales' or 'Sale agreement/WILL transfers' do not convey title and do not amount to transfer, nor can they be recognized as valid mode of transfer of immovable property. The Courts will not treat such transactions as completed or concluded transfers or as conveyances as they neither convey title nor create any interest in an immovable property. They cannot be recognized as deeds of title, except to the limited extent of Section 53A of the TP Act. Such transactions cannot be relied upon or made the basis for mutations in Municipal or Revenue Records. This rule applies not only to deeds of conveyance in regard to freehold property but also to transfer of leasehold property. A lease can be validly transferred only under a registered Assignment of Lease. (2001) 94 DLT 841, Overruled.(Para 15 16) ....