The Supreme Court has recently given an important decision regarding property ownership rights. This decision is on the validity of documents related to property transactions such as Will and Power of Attorney. The court has clarified that ownership of immovable property cannot be obtained on the basis of these documents.

Supreme Court's decision: Will and Power of Attorney not valid

The Supreme Court bench of Justice Dipankar Dutta and Justice Pankaj Mithal said in a case that Will and Power of Attorney cannot be considered valid documents for property transfer or ownership. While giving the verdict in the case of Ghanshyam vs Yogendra Rathi, the court said that the Will has no effect before the death of the testator. Also, in case the Power of Attorney holder does not execute any Sale Deed, that document automatically becomes invalid.

Power of Attorney and Will: Not for ownership
The court said that Power of Attorney and Will cannot be considered as documents that provide rights in immovable property. If these documents are recognized as proof of ownership in any state or High Court, it will be a violation of statutory law. Ownership or transfer of property can only be done through a registered conveyance deed.

Supreme Court's stand on will
The court said on matters related to will that the will cannot be implemented until the testator dies. The will has no effect while the testator is alive and it cannot be recognized as a paper of ownership of immovable property.

Court's comment on Power of Attorney
The Supreme Court said that the power of attorney cannot be used for ownership. It is only a representative document that allows the holder to do certain tasks. If the power of attorney holder does not execute the sale deed or other necessary documents of a property, then this document becomes irrelevant.

Supreme Court's guidelines for property transfer
The Supreme Court, in the 2009 case of Suraj Lamp and Industries Pvt. Citing the case of Limited vs State of Haryana, it said that ownership of immovable property can be transferred only through a registered document. Selling or transferring property on the basis of will and power of attorney is against the law.

How to get legal ownership of property?
The Supreme Court said that ownership or right of immovable property worth more than Rs 100 can be recognized only through registration. No agreement, power of attorney or will will be sufficient for this.