M.S. Ananthamurthy v. J. Manjula
- Vaishnavi Majji
- Oct 16
- 1 min read
In a significant judgment delivered on 27 February 2025, the Hon’ble Supreme Court of India ruled in M.S. Ananthamurthy v. J. Manjula that merely labelling a Power of Attorney (PoA) as “irrevocable” does not give it the status of a title document, nor does it survive the death of the Principal.
The dispute arose when the appellant claimed rights over a property based on an “irrevocable” Power of Attorney and an Agreement to Sell. The Court reiterated that a PoA is an instrument that merely authorizes another to act on behalf of the Principal. It does not, by itself, transfer ownership or interest in immovable property.
Hon’ble Justice B.V. Nagarathna, writing for the bench, emphasized that such instruments, even if executed for consideration or notarized, do not amount to a transfer of title under law. True transfer of immovable property requires a duly registered sale deed under the Transfer of Property Act, 1882, and the Registration Act, 1908.
The Court also clarified that all PoAs automatically lapse upon the death of the Principal, unless coupled with an interest that survives beyond the life of the Principal. In this case, no such interest was created.
This ruling reinforces the legal position laid down in Suraj Lamp Industries v. State of Haryana (2011) and aims to curb the misuse of PoAs in property transactions. It serves as a caution to buyers and sellers alike. Hence, property rights must be conveyed through proper legal channels, not merely through PoAs or Agreements to Sell.
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