Execution Of Power Of Attorney Cannot Transfer Title To The Grantee, Reiterates SC [Read Judgment]

The Supreme Court reiterated that GPA sales and SA/GPA/WILL transfers are not legally valid modes of transfer and they do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable propertyThe bench comprising Justice Arun Mishra, Justice MR Shah and Justice BR Gavai made this observation in Shiv Kumar vs. UoI in which it held that. The Supreme Court reiterated that GPA sales and SA/GPA/WILL transfers are not legally valid modes of transfer and they do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable property The bench comprising Justice Arun Mishra, Justice MR Shah and Justice BR Gavai made this observation in Shiv Kumar vs. UoI in which it held that a subsequent purchaser of the property after issuance of notification under section 4 of the Land Acquisition Act, 1894 cannot invoke the provisions contained in section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It observed that no right can be claimed based on a transfer made by way of execution of Power of Attorney, Will, etc., as it does not create any interest in immovable property Suraj Lamp Judgment While examining the validity of such 'purchase, the bench noted the judgment rendered in Suraj Lamp and Industries Pvt. 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.