Appellant filed a suit for declaration of ownership and possession of an immovable property based on a sale deed executed in his favour by an agent (holder of General Power of Attorney) . Respondents contended that sale deed was executed after death of original owner (principal) and was, therefore, invalid . Appellant contended that original owner (principal) had executed a General Power of Attorney (POA) and an Agreement to Sell in favour of agent, who subsequently, in her capacity as agent, executed a registered sale deed in favour of appellant. Court held that POA was general in nature and did not secure agent’s right in subject matter of agency and, an agreement to sell simpliciter did not confer ownership in immovable property so as to transfer a better title to anyone else . Transfer of immovable property by way of sale could only be by a deed of conveyance, an agreement to sell is not a conveyance and it is not a document of title or a deed of transfer of deed of property and does not confer ownership right or title. Even though POA and agreement to sell were contemporaneous documents executed by original owner in favour of same beneficiary, this could not be sole factor to conclude that she had an interest in subject-matter .In absence of registration of POA and agreement to sell under section 17(1)(b) of Registration Act, it would not be open for holder of POA to content that she had a valid right, title and interest in immovable property to execute registered sale deed in favour of appellant . Court held that the High Court rightly held that sale deed executed by General POA holder after death of original owner was invalid . ( CA Nos. 3266 -3267 of 2025 dt . 27 -2 -2025 )
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