Keywords: General Power of Attorney(GPA), will, mesne profits, title , possessory rights, agreement to sale.
Case Title: Ghanshyam vs. Yogendra Rathi
Supreme Court has stated that the Will and GPA can’t be recognized as a Title in any document conferring rights in an immovable property and such practices of using them as title would be directly violative of Statutory Rights. Also, these practices can’t override any law requiring the execution of document of title for transfer or registration to get rights or title in an immovable property.
In the case, Ghanshyam Vs. Yogendra Rathi[1] , appellant came into agreement to sale of suit of property with the Respondent and executed a Will and GPA in favor of him. Possession was handed to respondent even though no sale was executed and he gave appellant the time period of 3 months to occupy a part of property only as a licencee.
Then , Respondent filed a case against him as he didn’t vacate the place after expiration of given time and demanded recovery of his mesne profits by claiming his ownership on property on basis of agreement to sell, Will, GPA, memo of possession, receipt of payment etc.
Both trial Court and High Court gave their decision in favor of respondent. So, appeal was filed to Supreme Court that gave it’s verdict that a Will has no force during the lifetime of the executant and can only come in force after the death. Also, ‘Agreement to sale’ can’t be the basis for giving absolute title of a suit as it’s neither a document of title nor a deed done for transfer of property through sale.
Thus, Bench rejected to recognize GPA and Will as Title but upheld the view of High Court for respondent being entitled to get decree of eviction along with mesne profits.
Name of intern : Chanchal, College name; GLA University, Mathura , Semester: 2nd, an intern under Legal Vidhiya
[1] 2023 LiveLaw (SC) 479
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