In Brief
A father (Kundan Lal) died in 1997 owning property. His son Suresh Chand claimed ownership through an agreement to sell, general power of attorney, receipt, and registered will, all executed on the same date in 1996, but no registered sale deed was executed. The Supreme Court held that none of these documents transferred title. An agreement to sell only creates a right to seek specific performance. A general power of attorney is merely agency, not transfer. A will must be properly proved with attesting witnesses examined. The will was also surrounded by suspicious circumstances (excluding three other children without explanation). Without a registered sale deed, Suresh Chand acquired no title. The property devolves as ancestral property to all legal heirs of Kundan Lal. The appellant's sale of 50% to a second defendant is protected only to that extent.
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