Citation: (2012) 1 SCC 656
Court: Supreme Court of India
Date: 11 October 2011
Background:
In many parts of India, property transfers were commonly carried out through Agreement to Sell, General Power of Attorney (GPA), and Will instead of registered sale deeds. These transactions were often used to avoid stamp duty and registration charges. The Supreme Court examined whether such GPA sales legally transfer ownership.
Core Legal Issues:
1. Whether GPA transfers ownership.
2. Whether an Agreement to Sell is equivalent to a sale.
3. Whether SA/GPA/Will transactions constitute valid conveyance.
Court’s Reasoning:
• A General Power of Attorney only authorizes a person to act on behalf of the principal and does not transfer ownership.
• An Agreement to Sell does not create any interest in immovable property under Section 54 of the Transfer of Property Act.
• A Will operates only after the death of the testator and cannot substitute a sale deed.
• Ownership in immovable property can be transferred only through a duly stamped and registered sale deed.
Final Holding:
The Supreme Court held that SA/GPA/Will transactions do not convey title nor create any interest in immovable property. Such transactions cannot be treated as completed sales.
Clarifications by the Court:
• Genuine GPA transactions for management purposes remain valid.
• Earlier transactions already acted upon were not automatically invalidated.
• Parties may still execute proper registered conveyance deeds to perfect title.
Impact of the Judgment:
• Ended the widespread GPA sale practice.
• Strengthened the requirement of registered sale deeds.
• Reduced property frauds.
• Increased state revenue from stamp duty.
• Brought greater transparency in real estate transactions.
