A LEGAL ANALYSIS ON WHETHER SALE THROUGH POWER OF ATTORNEY WOULD AMOUNT TO CONVEYANCE

Yogamurugan Chockalingam - Associate, Dispute Resolution Practice Prior to the amendment[1] of Section 17 of the Registration Act, 1908[2] that requires compulsory registration of power of attorneys pertaining to immovable property in Tamil Nadu, an interest in one’s immovable property would be transferred to another, through the execution of a combination of instruments including that of a general power of attorney and an agreement of sale for a certain specific consideration as agreed upon by the parties. A general power of attorney when executed for a certain consideration, creates an agency coupled with interest under the Indian Contracts Act, 1872. Such an agency...