Question

      The Hon’ble Supreme Court of India has held in the

    case of _______ that sale of immovable property through GPA is not valid.
    A Suraj Lamp case Correct Answer Incorrect Answer
    B Shyam Lamps case Correct Answer Incorrect Answer
    C R Kempraj Vs. Barton Sons Correct Answer Incorrect Answer
    D Yashpal Lala Shiv Narain vs Allatala Tala Malik Waqf Ajakhan Correct Answer Incorrect Answer

    Solution

    In the case of Suraj Lamp & Industries Pvt. Ltd. Vs State of Haryana & Anr., the Hon’ble Apex Court of India after interpreting various provisions of the law concerning Property Sales, held that the sale of immovable property through Sale Agreement, Will, General Power of Attorney is not valid. The Bench held that this type of transaction are not transfers or sales and such transactions cannot be treated as completed transfers or conveyances. However, the Bench said the Judgment will not affect genuine transactions under the General Power of Attorney. To avoid such transactions, the Bench asked the States, to reduce the Stamp Duty to encourage registration of Sale Deeds.

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