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Sale deed executed without authorisation in Power of Attorney is invalid: SC
Case Law Details
- Case Name
- Mrs. Umadevi Nambiar Vs Thamarasseri Roman Catholic Diocese (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Mrs. Umadevi Nambiar Vs Thamarasseri Roman Catholic Diocese (Supreme Court of India)
As a matter of plain and simple fact, deed of Power of Attorney did not contain a clause authorizing the agent to sell the property though it contained two express provisions, one for leasing out the property and another for executing necessary documents if a security had to be offered for any borrowal made by the agent. Therefore, by convoluted logic, punctuation marks cannot be made to convey a power of sale. Even the very decision relied upon by the learned counsel for the respondent, makes...






