Law: Registration Act, 1908

Section: 32, 33, 34, 35, 71, 72, 73, 74, 75, 76, 77, 49

Law: Contract Act, 1872

Section: 201

Law: Code Of Civil Procedure, 1908.

Section: 115

Law: Specific Relief Act, 1877

Section:

 Summary The case concerned the refusal to register a sale deed executed by an attorney under a registered General Power of Attorney after the death of the principal (owner). The Sub-Registrar refused registration because the principal had already died, thereby terminating the attorney's authority under Section 201 of the Contract Act, 1872. The Trial Court upheld the refusal, but the Appellate Court reversed that decision and ordered registration. The High Court allowed the civil revision, restored the Trial Court's judgment, and held that a power of attorney automatically ceases upon the death of the principal. Consequently, any act performed by the attorney thereafter, including presentation of a sale deed for registration, is void and incapable of creating legal rights. The Court further clarified that dismissal of a suit under Section 77 of the Registration Act does not bar a separate suit for specific performance under the Specific Relief Act. Tagline Death of the principal automatically terminates a power of attorney; any sale deed presented thereafter cannot be validly registered under Section 77 of the Registration Act, though a separate suit for specific performance remains maintainable. ORDER; AHMAD NADEEM ARSHAD, J.                                                            Through                                                            the instant Civil Revision filed under Section 115 of the Code of Civil Procedure, 1908, the petitioners have assailed the validity and legality of the judgment and decree dated 18.04.2015, whereby the appeal preferred by the respondents was accepted and, consequently, their suit instituted under Section 77 of the Registration Act, 1908, was decreed.…