People often make a will before their death to ensure that there is no dispute about property in the family. Many times it is understood that even a person can become the owner of the property on the basis of a will or power of attorney. But recently, the Supreme Court has clarified in an important decision that legal ownership on property cannot be obtained through the documents of the will and the power of attorney.
What was the matter?
This decision came in the Ghanshyam vs Yogendra Rathi case, in which the court had to decide that
- What will and
- Through General Power of Attorney
Whether a person can become a legal owner of property.
Clear decision of Supreme Court
A bench of two judges of the Supreme Court said:
- Power of Attorney and will are only assistant documents, they cannot be considered as the basis of ownership.
- If the property costs more than ₹ 100, then the right to owe its ownership will be valid only through registry and mutation.
- The will is effective only after the death of the will.
- As long as the will is alive, no person can be given legal rights from the will.
Court comment on will
- Property is found under the will only when the testimon dies.
- The will can be changed at any time while alive.
- If the will is made under any pressure or deception, it can be challenged, provided there is proper evidence.
Power of Attorney Boundaries
- Power of Attorney gives the right to sell property, but does not give ownership.
- The Supreme Court said that only on the basis of power of attorney
- No sale deed can be made,
- Nor can anyone be transferred to anyone through it.
- If there is no further registered agreement on this document, it will be considered legally ineffective.
Registry is the only way to owe property
- The Supreme Court reiterated that the ownership of real estate in India is valid only through registered conveyance deed only.
- Registry is not only necessary for transfer of property, but also
- Its mutation is also necessary.
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The post Supreme Court’s big decision: will not get ownership of property from will and power of attorney, know the entire legal process first appeared on News India Live | Breaking India News, The Indian Headline, India Express News, Fast India News.
