Ramesh Chand (D) vs Suresh Chand 2025 INSC 1059 - Ss. 53A, 54 TP Act - Will - Power Of Attorney - Agreement To Sell

Transfer of Property Act, 1882 - Section 54 - Agreement To Sell does not confer a valid title on the plaintiff as it is not a deed of conveyance as per Section 54 of the TP Act. At best, it only enables the plaintiff to seek for specific performance for the execution of a sale deed and does not create an interest or charge on the suit property (Para 17) - Difference between a sale deed and an agreement for sale, or a contract for sale - A contract for sale of immovable property is a contract that a sale of such property shall take place on terms settled between the parties. While a sale is a transfer of ownership; a contract for sale is merely a document creating a right to obtain another document, namely a registered sale deed to complete the transaction of sale of an immovable property. Section 54 in its definition of sale does not include an agreement of sale and neither confers any proprietary rights in favour of the transferee nor by itself create any interest or charge in the property. If after entering into a contract for sale of property, the seller without any reasonable excuse avoids executing a sale deed, the buyer can proceed to file a suit for specific performance of the contract. (Para 15)

Will- Mere fact that the Will was registered will not grant validity to the document- In order to rely upon a Will, the same has to be proved in accordance with law. A Will has to be attested by two witnesses, and either of the two attesting witnesses have to be examined by the propounder of the will - Section 68 of the Evidence Act makes it mandatory to examine at least one of the attesting witnesses of the Will - SC also held that the High Court finding that the requirement of examining the attesting witnesses springs into action only in cases of disputes between legal heirs is erroneous. (Para 27)

Will - When there is not even a whisper of reasoning in the Will as to why the propounder choose to exclude other three children from the bequest, and whether any other properties or assets were given to them, SC observed: It is highly unlikely that a father would grant his entire property to one of his children, at the cost of three others, without there being any evidence of estrangement between the father and the children. (Para 27)

Transfer of Property Act, 1882 - Section 53A - The essential conditions for invoking the doctrine of part-performance as envisaged u/s 53A of TP Act discussed- One of the main ingredients for taking shelter under Section 53A is the factum of possession. Unless the transferee in the instrument of agreement to sale is able to prove that he has been in possession of the suit property, no benefit u/s 53A will be given. (Para 30-31)

Power of Attorney - A power of attorney is a creation of an agency whereby the grantor authorizes the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him. It is revocable or terminable at any time unless it is made irrevocable in a manner known to law. A General Power of Attorney does not ipso facto constitute an instrument of transfer of an immovable property even where some clauses are introduced in it, holding it to be irrevocable or authorizing the attorney holder to effect sale of the immovable property on behalf of the grantor. It would not ipso facto change the character of the document transforming it into a conveyance deed - A power of attorney is not a sale. A sale involves transfer of all the rights in the property in favour of the transferee but a power of attorney simply authorises the grantee to do certain acts with respect to the property including if the grantor permits to do certain acts with respect to the property including an authority to sell the property. (Para 18-19)