Supreme Court Clarifies Property Ownership Rights in Recent Ruling:

Property disputes news:: Most of property disputes at court concern ownership rights. Recently, Supreme Court has given an utmost ruling regarding the ownership of property.

In this, the court has explained how a person will obtain property ownership rights (Property ownership rights in law). Let us remind you that for property ownership, multiple documents are required to be complete and one cannot obtain ownership rights by merely a few documents. Supreme Courts decision is now in discussions.

This was the case: -

In a case related to deed of title to land (deed of title to land), the petitioner in question had claimed that his brother at one time gifted him the property in a deed of gift so he is the owner of the property and possesses it as well.

In this situation, the other party claims that they possess power of attorney and an affidavit along with an agreement to sell, claiming that on those grounds, the property is in fact theirs. To this, the petitioner claimed that the documents provided by the other party pertaining to the immovable property are unsanctioned and unregistered, therefore, as a result the ownership right cannot be transferred.

The court has passed this decree –
The Supreme Court has accepted the petitioner's appeal and issued a ruling in the petitioner’s favor. The court has rejected the respondent’s claims in this particular matter. Now, in the Supreme Court’s view, the ownership rights cannot now be obtained by way of a sale agreement or by way of a power of attorney. The court also stated that the sole obstacle for the transfer of title cannot be merely a power of attorney or a sale agreement. No to this, he or she makes deals pertaining to the purchase and sale of property (real estate buying guide).

The court has mentioned that this is only possible if there is a registered document, then it follows an individual cannot be granted access the rights on the property without the registration of the property and the mutation (change of ownership) with regards to the title. The court reached this conclusion while dealing with a case of titled dominum under the property registration law.

Importance of Power of Attorney

Permitting someone to manage one’s personal legal papers adds a degree of trust and faith, and that individual has a legal right to a particular kind of property such as having possession over legal documents.

Besides all these, the Agreement-to-Sale also covers terms concerning the particular asset for the buyer and the seller which has information as to of what the price of the property is and how and when a payment will be made. Not only this, but CART also ruled the two documents as inadequate and void for ownership of the property.