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Supreme Court of India 2022-01-28 allowed

Amar Nath vs Gian Chand and Anr

Bench: 2 — K.M. Joseph

In Brief

A property owner executed a registered power of attorney authorizing a deed writer to sell his land. The owner later claimed he cancelled the power of attorney orally on 02.02.1987 and sought to set aside the sale deed executed by the attorney on 28.04.1987. The Supreme Court held that oral cancellation of a registered power of attorney is ineffective; cancellation requires a registered instrument. Additionally, termination of agency does not bind third parties without notice. The owner's own letter written after the sale contradicted his claim of cancellation. The court upheld the sale as valid, holding that the power of attorney holder could present the sale deed for registration without producing the original power of attorney.

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Contract Act Registration Act Power of Attorney Termination of Agency Sale of Immovable Property Civil Procedure

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