Mere registration of documents such as agreement to sell, General Power of Attorney or even a Will does not confer title to immovable property in the absence of a registered deed of conveyance and delivery or proof of possession; where the claimant is not in possession, registration alone neither transfers ownership nor attracts protection under Section 53-A of the Transfer of Property Act.
Transfer of Property Act, 1882 — Sections 54 & 53-A — Registered documents — Possession — Title
(Paras 14–19, 29–31)
Mere registration of documents such as agreement to sell, General Power of Attorney, affidavit or receipt does not convey title to immovable property. Transfer of ownership can be effected only through a registered deed of conveyance. In the absence of possession, no right, title or interest accrues, nor can protection under Section 53-A of the Transfer of Property Act be claimed.
Registration — Effect — Whether cures absence of conveyance or possession
(Paras 18–19, 27–31)
Registration by itself does not validate a transaction nor operate as a transfer of ownership when statutory requirements of conveyance and possession are not satisfied. Registration cannot substitute delivery of possession or execution of a sale deed as required under law.
Will — Registration — Title — Possession
(Paras 23–27)
A registered Will does not operate as a transfer inter vivos and does not confer title merely by registration. Proof in accordance with Section 63 of the Indian Succession Act and Section 68 of the Evidence Act is mandatory, and registration alone does not create ownership or possession.
Part Performance — Section 53-A — Possession — Mandatory condition
(Paras 29–31)
Protection under Section 53-A is conditional upon the transferee being in possession in part performance of the contract. Where possession is absent, the doctrine of part performance is unavailable, irrespective of registration of the underlying document.
Suit for possession — Effect
(Para 31)
Filing of a suit for possession itself establishes absence of possession and disentitles the claimant from invoking Section 53-A or asserting title based on registered but incomplete instruments.
ANALYSIS OF LAW AND FACTS
A. Undisputed Facts
The suit schedule property admittedly belonged to the father of the plaintiff and defendant No.1.
No registered sale deed was executed by the father in favour of the plaintiff during his lifetime.
The plaintiff relied upon a set of documents dated 16-05-1996, namely, Agreement to Sell, General Power of Attorney, affidavit, receipt of consideration and a registered Will.
On the date of suit, the plaintiff was not in possession of the suit property and had, in fact, sought recovery of possession by filing the suit.
(Paras 11, 17, 29, 31)
B. Legal Position on Registration and Title
Section 54 of the Transfer of Property Act mandates that transfer of ownership in immovable property of value exceeding Rs.100/- can be effected only by a registered instrument of conveyance.
An agreement to sell, even if registered, does not create any right, title or interest in the property and merely gives a right to seek specific performance.
A General Power of Attorney is an instrument of agency and does not operate as a conveyance or transfer of ownership, irrespective of its registration or recitals.
(Paras 14–19, 18–22)
C. Registration and Possession — Interplay
Registration of documents does not dispense with statutory requirements of conveyance and possession.
For invoking protection under Section 53-A of the Transfer of Property Act, possession in part performance is a sine qua non.
Absence of possession disentitles the claimant from claiming any equitable protection, notwithstanding registration of the underlying documents.
(Paras 29–31)
D. Application to the Facts of the Case
The plaintiff’s own act of filing a suit for possession conclusively established that he was not in possession of the suit property.
Since possession was absent, the plaintiff could neither claim ownership nor invoke Section 53-A of the Transfer of Property Act.
Mere registration of documents, including a Will, did not cure the absence of a registered conveyance or possession.
(Paras 17, 27, 29–31)
E. Consequence
In the absence of a valid conveyance and possession, the documents relied upon by the plaintiff did not confer title.
Upon failure of proof of the Will, succession opened in accordance with law in favour of Class-I legal heirs.
(Paras 27, 32)
RATIO DECIDENDI
Mere registration of documents such as agreement to sell, General Power of Attorney or even a Will does not confer title to immovable property in the absence of a registered deed of conveyance and delivery or proof of possession; where the claimant is not in possession, registration alone neither transfers ownership nor attracts protection under Section 53-A of the Transfer of Property Act.
(Paras 14–19, 27, 29–31)
