It’s been an open secret for far too long. However in a recent case the Supreme Court very seriously disapproved the increasing tendency in sale of immovable properties which get transacted using a combination of unregistered and under stamped documents such as general power of attorney (GPA), agreement to sell and Will, without executing and registering a conveyance deed as stipulated by law. The Court has directed certain State Governments to inform their views on power of attorney sales before giving final directions.
The Court noted that the illegal and irregular process of `Power of Attorney Sales' spawns several disputes relating to possession and title, and also results in criminal complaints/ cross complaints and extra-legal enforcement and forced settlements by land mafia; and that any process which interferes with regular transfers under deeds of conveyance properly stamped, registered and recorded in the registers of the Registration Department, is to be discouraged and deprecated.
Clearly, that strict stance hasn’t come too early…but now that it has, let’s hope it stays.
No comments:
Post a Comment