Case Note & Summary
The petitioner, North Roof Ventures Private Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the registration of a deed of revocation of a General Power of Attorney (GPA) executed unilaterally by respondent No.5, Sri H.R. Suresh, and registered by respondent No.4, the Sub-Registrar, Yelahanka, Bengaluru. The petitioner was the original holder of a GPA executed by respondent No.5. The deed of revocation was registered on 24.04.2024 without any notice to the petitioner. The petitioner sought a declaration that the registration was null and void ab initio. The court held that the registration of a deed of revocation of a GPA without notice to the original holder is illegal and arbitrary, as it violates principles of natural justice. The court allowed the petition and declared the registration as null and void.
Headnote
A) Registration Act, 1908 - Revocation of Power of Attorney - Unilateral Registration - A deed of revocation of a General Power of Attorney executed unilaterally by the principal and registered without notice to the original holder of the GPA is illegal and arbitrary. The Sub-Registrar cannot register such a deed without ensuring compliance with principles of natural justice. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - The High Court can declare a registered document as null and void if it is executed and registered in violation of legal principles and without jurisdiction. (Paras 1-10)
Issue of Consideration
Whether a deed of revocation of a General Power of Attorney can be unilaterally executed and registered without notice to the original holder of the GPA, and whether such registration is valid.
Final Decision
The court allowed the writ petition and declared the registration of the deed of revocation of General Power of Attorney dated 24.04.2024 as null and void ab initio.
Law Points
- Registration Act
- 1908
- Section 17
- Section 49
- Power of Attorney
- Revocation
- Unilateral Registration
- Natural Justice
- Writ Jurisdiction under Articles 226 and 227 of Constitution of India



