Power of attorney not an excuse to dodge procedure: HC | delhi | Hindustan Times
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Power of attorney not an excuse to dodge procedure: HC

delhi Updated: Aug 12, 2013 02:22 IST
Harish V Nair

The Delhi high court has dismissed a contempt petition moved against the Delhi government for not allowing sale of property through power of attorney despite a court’s order in May this year.

A sub-registrar submitted before justice Sudershan Kumar Misra that such transfer of property title through general power of attorney (GPA) was allowed if the applicant produced all the requisite documents.

The high court had allowed the sale of property through power of attorney, benefiting lakhs of Delhi residents, especially those living in co-operative housing societies.

The court quashed a revenue department’s circular that banned such transfers since it was contrary to a 2011 Supreme Court judgment.

The revenue department, following the high court order, issued a fresh circular allowing such sale.

The court found merit in lawyer Rajiv Dutta’s argument that the apex court had only termed those sales through GPA invalid in which the buyer and seller were evading registration and payment of stamp duty.


Dutta represented a builder, Pace Developers and Promoters, which complained against the registrar’s refusal to register the sale of a property through GPA.

But the court dismissed the contempt petition since the registration was refused for the lack of necessary documents.