Recently, in Ramesh Chand (D) Thr. Lrs. v. Suresh Chand And Anr., the Supreme Court reaffirmed that the title of immovable property can only be conveyed through a registered sale deed, setting aside decisions by the Delhi High Court and Trial Court. The Apex Court underscored that documents like an agreement to sell, General Power of Attorney (GPA), or an unproven Will do not by themselves transfer ownership.

The case involved a dispute between two brothers over property originally owned by their father. The plaintiff claimed title through an Agreement to Sell, GPA, affidavit, receipt, and a registered Will, all dated 16 May 1996. He alleged his brother was a licensee who became a trespasser and illegally sold half the property. The defendant, however, claimed the property was orally transferred to him in 1973 and that he had been in continuous possession. Both lower courts had ruled in favour of the plaintiff.

The Court meticulously explained that an agreement to sell does not confer proprietary rights or create an interest in the property, as a registered instrument is required for title transfer. A General Power of Attorney (GPA) creates an agency but does not transfer title, even if irrevocable, nor does the GPA in this case authorise conveyance. A Will is effective only after death and must be proved by examining attesting witnesses as per law (Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872). The Court found the Will unproven and surrounded by suspicious circumstances, as it excluded three out of four children without explanation. Furthermore, receipts and affidavits do not confer title, and the plaintiff could not claim the benefit under Section 53A of the Transfer of Property Act, 1882 (doctrine of part-performance) due to lack of possession.