Property and Real Estate : How Properties are Transferred
The recent case of Ramesh Chand v. Suresh Chand [2025] GCtR 1460 (SC) has again answered that transactions vide agreement to sell or power of attorney are not transfers or sale. GPA does not constitute an instrument of transfer even if it is irrevocable.
This makes it clear that sale deed is essential for effecting sale. The principles upholds the rule of law and also establishes the principle laid down in Suraj Lamps and Industries Pvt. Ltd v. State of Haryana [2011] GCtR 2373 (SC).
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