G. Kalawathi Bai (Died) Vs G. Shashikala (Died) (Supreme Court of India)
Supreme Court held that by merely signing a document on behalf of the principal, a power-of-attorney holder does not lose his status as an agent of that principal and become the ‘executant’ in his own right. However, that the said issue requires to be addressed and conclusively settled by a larger Bench.
Facts- These appeals turn open the validity of the registered Irrevocable General Power of Attorney dated 15.10.1990 allegedly executed by Ranveer Singh and his wife, Gyanu Bai, in favour of G. Rajender Kumar, their tenant, and, in turn, the validity of the three registered sale deeds dated 16.11.1990, 18.07.1991 and 16.08.1991 respectively executed by G. Rajender Kumar, the power-of-attorney holder, in favour of his wife, G. Shashikala.
Ranveer Singh, in fact, denied the execution of this General Power of Attorney, by way of his written statement filed in the suit. Thereafter, pursuant to the revisionary order passed by the High Court, the very admissibility of the General Power of Attorney dated 15.10.1990 and the three sale deeds executed by the power-of-attorney holder was called in question before the Trial Court and four additional issues were framed.
