ISSUE:
- What is the validity of the Sale Agreement, the General Power of Attorney (GPA) and the Will?
RULE:
- Section 54 of the Transfer of Property Act makes it clear that a contract of sale, that is, an agreement of sale does not, of itself, create any interest in or charge on such property.
- Thus a transfer of immovable property by way of sale could only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title, or interest in an immovable property can be transferred except to the limited right granted under Section 53A of the Transfer of Property Act.
