New Delhi: In a large warning to property owners who intend to sell their assets through Power Holders (POA), the Supreme Court has decided that the POA holder can sell property and register sales by only producing a copy of POA and that the original is not mandatory for sales registration.
This means, if the property owner verbally cancels POA and retrieves the original document without entering into the written agreement about the CAA cancellation, it will still allow the POA holder to sell property or soil with the help of a copy of the original POA document.
Joseph Judge Joseph and PS Narasima said, “In the analysis of the provisions (from the registration law), we do not hesitate to reject the Plaintiff’s argument that the non-production of the original power the two Defendants are fatal for valid registration being carried out.” In This is in hand, the property owner (Plaintiff) has signed an agreement with someone for sale of land amounting to RS 55,000 in 1987.
When he moved out of the place, he executed Poa to conclude sales.
.
Sales, however, did not come true.
So, he took the original Poa and told people that Poa stood ended.
But the holder of the POA ESTWHILE signed up for a registered POA copy and went with sales for RS 30,000 for the same defendant, who previously agreed to buy it for RS 55,000.
He went to the registrant office and got a registered sale with a copy of POA.
The Himachal Pradesh High Court canceled sales registration that said the non-production of original POA documents was fatal for sales and restoring property to its owners.
SC sets HC orders and says the registration is valid as an oral cancellation POA does not have validity before the law and that for registration of land sales, the POA holder is only needed to produce a copy of the document and the original is not necessary.
Writing judgment, Joseph Justice said, ” .
“Justice Joseph said,” Section 35 of the Registration Act authorized the registration authority to satisfy itself that the people who appear before the people they represent …
the provisions mentioned above with a situation where Registration authorities reject registration.
If the authority of the labeling is satisfied with the identity of the person …, it may not be part of the registrant’s obligation to ask further.
“