I was really stumped when I read headlines of today's Delhi newspaper that "All Power of Attorney Property deals are banned, all such deals after Oct, 2011 after Supreme Court Judgement are Null and Void!
The news headlines are not made after looking into law dictionary. Therefore, some use of wrong words is permissible.
At this point of time, I say only this. I have read the said judgement of Supreme Court by Justice Raveendran. (Please read para 16, 17, 18,19 of judgement Suraj Lamp & Industries Pvt. ltd. 2011(11)SCALE 438). I have nowhere in judgement read words Null and Void.
The judgement does not say what newspaper headlines say. Perhaps, even Justice Raveendran may be smiling after reading these news headlines. (Or he may be smiling at what I am writing here!).
Anyway, the news headlines have done a good service. It has awakened public for clean and clear cut property deals. This is a contribution of news headlines.
But Law is like this :
1) Relax. Courts will never do anything to harm your property rights.
2) Even if you have entered a Power of Attorney deal after October,2011 judgement, the deal or document does not become Null and void automatically.
3) Registration of such deal is banned. But that does not mean that you have lost all your rights under imperfect documents. Legal values of such imperfect documents are now made limited. The Court will refuse to treat such documents as "Conclusive"transfer of title or interest in property. This does make such documents "Banned". To Ban something is altogether a different thing.
4) This will certainly put you to some stress. But you don't have to panic. Just relax and study, Justice Raveendran's Judgement of 11.10.2011 (mentioned above) and 27 April,2012 circular by Revenues department. Next time you deal in property, keep these guidelines in mind. But don't panic if you have already done something. The Courts will be there to help you out.
Take steps after you are clear.
Haresh Raichura
4/5/2012
The news headlines are not made after looking into law dictionary. Therefore, some use of wrong words is permissible.
At this point of time, I say only this. I have read the said judgement of Supreme Court by Justice Raveendran. (Please read para 16, 17, 18,19 of judgement Suraj Lamp & Industries Pvt. ltd. 2011(11)SCALE 438). I have nowhere in judgement read words Null and Void.
The judgement does not say what newspaper headlines say. Perhaps, even Justice Raveendran may be smiling after reading these news headlines. (Or he may be smiling at what I am writing here!).
Anyway, the news headlines have done a good service. It has awakened public for clean and clear cut property deals. This is a contribution of news headlines.
But Law is like this :
1) Relax. Courts will never do anything to harm your property rights.
2) Even if you have entered a Power of Attorney deal after October,2011 judgement, the deal or document does not become Null and void automatically.
3) Registration of such deal is banned. But that does not mean that you have lost all your rights under imperfect documents. Legal values of such imperfect documents are now made limited. The Court will refuse to treat such documents as "Conclusive"transfer of title or interest in property. This does make such documents "Banned". To Ban something is altogether a different thing.
4) This will certainly put you to some stress. But you don't have to panic. Just relax and study, Justice Raveendran's Judgement of 11.10.2011 (mentioned above) and 27 April,2012 circular by Revenues department. Next time you deal in property, keep these guidelines in mind. But don't panic if you have already done something. The Courts will be there to help you out.
Take steps after you are clear.
Haresh Raichura
4/5/2012