Title Suit

Title Suit

Is the failure to produce the power of attorney fatal to the title suit?

Supreme Court's Verdict Was Split On Friday, the Supreme Court rendered a split decision in a case involving the argument that if a sale deed is signed based on a power of attorney, the plaintiff's case will be lost if the power of attorney is not produced in court. A bench made up of Justices M.R. Shah and B.V. Nagarathna rendered the decision. Justice Shah noted that the plaintiff had not submitted the Power of Attorney deed, but Justice Nagarathna felt that this did not make the plaintiff's case impossible to succeed. She pointed out that producing the original power of attorney is not necessary to prove that a sale deed was properly executed. According to Justice Nagarathna, the investigation allowed under the Registration Act of 1908 cannot go as far as asking whether the person who signed the document in his role as the principal's power of attorney actually had a legal power of attorney or not.