Ramesh Chand (D) through LRs v. Suresh Chand and Another
- Vaishnavi Majji
- Oct 23
- 1 min read
In Ramesh Chand (D) through LRs v. Suresh Chand and Another (decided on September 1, 2025), the Hon’ble Supreme Court once again clarified that ownership of immovable property can only pass through a valid registered sale deed, and not through a combination of documents like an Agreement to Sell, General Power of Attorney (GPA), or Will.
The case involved a dispute between two brothers over a Delhi property originally owned by their father, Kundan Lal. The respondent, Suresh Chand, relied on an agreement to sell, a GPA, a receipt, and a registered Will executed in his favour in 1996, claiming ownership. The appellant, Ramesh Chand, contended that these documents were insufficient to transfer title.
The Hon’ble Supreme Court held that an agreement to sell merely creates a right to seek a sale deed but does not convey ownership under Section 54 of the Transfer of Property Act. A GPA, even if registered, is merely an authority to act and cannot transfer property rights. The Will, though registered, was found surrounded by suspicious circumstances and not properly proved as required under the Succession and Evidence Acts.
As Suresh was not in possession, he could not invoke Section 53A of the Transfer of Property Act (part performance). Consequently, the Court dismissed his claim and ruled that the property would devolve upon all Class I heirs under succession law.
This ruling reiterates that property transfers through GPA sales or informal documents hold no legal validity. Only a duly executed and registered sale deed can confer title, reinforcing the need for formal, transparent conveyancing practices.
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