SUPREME COURT OF INDIA
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Transfer of immovable property - Sale agreement, general power of attorney and Will do not convey any title nor create any interest in an immovable property - Immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance.
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54, 105 -- Transfer of immovable property - Can be by way of registered conveyance deed and not by executing agreement to sell, general power of attorney and Will - It applies not only to deed of conveyance in regard to freehold property but also to transfer of leasehold property - A lease can be validly transferred only under a registered Assignment of lease.
Agreement to sell -- Does not by itself, create any interest in or change on such property.
Power of Attorney Act, 1882, Section 1A, 2 -- Power of attorney - Not an instrument of transfer in regard to any right, title or interest in an immovable property - The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him - It is revocable or terminable at any time unless it is made irrevocable in a manner known to law.
Will -- Comes into effect only after the death of the testator and is revocable at any time during the life time of the testator.
Will -- Registered - Held, registration of Will does not make it any more effective.
Will -- If the testator, who is not married, marries after making the will, by operation of law, the Will stands revoked.
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