The Supreme Court of India has once again made it clear — ownership of a property passes only through a registered sale deed. Documents like General Power of Attorney (GPA), Agreement to Sell, or even an unproven Will cannot confer ownership rights.
Why GPA, Agreement to Sell, or Will Do Not Confer Ownership
- Agreement to Sell – It is only a promise of a future sale. Under Section 54 of the Transfer of Property Act, it does not itself transfer ownership rights.
- General Power of Attorney (GPA) – A GPA cannot transfer title of the property. Even an irrevocable GPA is not enough.
- Will – A Will, even if registered, must be strictly proved under the Succession Act and Evidence Act. Unless the execution and witnesses are verified, the Will cannot stand as proof of ownership.
The Supreme Court held that only a registered sale deed executed between parties and duly stamped and registered can convey title to immovable property. All other documents may support a transaction, but they do not amount to ownership.
Why This Ruling Matters
This judgment is significant for buyers, sellers, and investors in real estate:
- Clarity – There can be no confusion: ownership passes only through a registered sale deed.
- Caution – Buyers must be careful and not rely on GPA, Will, or Agreements to Sell while purchasing property.
- Legal Safety – A properly stamped and registered sale deed is the only way to avoid disputes in the future.