The record
Written from the 1 report below. Nothing here is unsourced.
- The Delhi High Court has ordered a man to pay Rs 1,01,78,074 plus 8% annual interest to the daughters of his deceased sister-in-law over withheld land sale proceeds.
- The case concerned 26 bighas of land in Najafgarh that four women, including the woman petitioner, had jointly purchased in 1985 with equal one-fourth shares.
- The woman had given her brother-in-law a general power of attorney to manage the land while she lived in West Bengal, and the property was sold in 2011 for Rs 6.95 crore using that authority.
- The woman received only Rs 71.99 lakh against her one-fourth share of about Rs 1.73 crore, and she learnt of the sale only when that money was transferred to her.
- The ruling matters because it confirms that a power of attorney authorises someone to act for an owner but does not transfer ownership to the holder.
What to watch next
- Any appeal by the brother-in-law against the Delhi High Court ruling
- Enforcement of the payment of Rs 1.01 crore plus 8% interest to the daughters
- Use of the Suraj Lamp & Industries precedent in similar family property disputes involving powers of attorney
Who said what1
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Adnan Siddiqui
Partner at King Stubb and Kasiva
1 quote · 1 outlet
“Since a registered document is treated as speaking for itself under the Evidence Act, he could not later turn around and claim, without proof, that the land actually belonged to him and his wife alone.”
In the article
…woman and three others as the "Vendors" and "absolute owners/bhumidars" of the Najafgarh property. The sale deed also showed the brother-in-law executing the transaction in his capacity as a GPA holder. Siddiqui says: " Since a registered document is treated as speaking for itself under the Evidence Act, he could not later turn around and claim, without proof, that the land actually belonged to him and his wife alone. " The brother-in-law had argued that the GPA's "power to gift" clause effectively gave him ownership of the property. The High Court rejected that interpretation. Relying on the Supreme Court's ruling in Suraj Lamp &…
Coverage1
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Named India · Najafgarh · Adnan Siddiqui · Delhi High Court · King Stubb and Kasiva · Neena Bansal Krishna · Rashi Priya · Vansh Arora · Vikas Arora
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