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Supreme Court of India 2022-04-01 allowed

Umadevi Nambiar vs Thamarasseri Roman Catholic Diocese Rep by its Procurator Devssia’s Son rev. Father Joseph Kappil

Bench: 2 — V. Ramasubramanian

In Brief

A woman (appellant) and her sister inherited property equally after their father's death. The appellant executed a general Power of Attorney to her sister, which was later cancelled. Her sister then sold the property to third parties without express authority to do so; those parties later sold it to the respondent. The appellant sued for partition. The High Court rejected her claim, holding she should have challenged the alienations. The Supreme Court allowed her appeal, holding that a Power of Attorney must be strictly construed; the sister lacked express authority to sell, so no valid title passed to anyone. The respondent could not acquire a better title than its vendors, who themselves had none.

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Property Law Power of Attorney Transfer of Property Title and Ownership Agency Law

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