Suraj Lamp and Industries Pvt. Ltd. v. State of Haryana

• Are a Sale Agreement, a GPA, and a Will valid documents to transfer title in immovable property?

• Section 54 TPA: An agreement of sale does not by itself create any interest or charge in the property.
• A registered deed of conveyance (sale deed) is required to legally transfer ownership in immovable property.
• Section 53A TPA: Part performance protects possession in limited situations; it does not pass title.

Held: Immovable property can be legally transferred only by a registered deed of conveyance (sale deed). Transactions styled as GPA sales or SA/GPA/WILL do not convey title and are not a valid mode of transfer.

Clarifications: Parties may still (i) execute a proper registered sale deed to complete title, (ii) seek specific performance of an agreement of sale, or (iii) use Section 53A as a shield for possession—but none of these by themselves replace a sale deed.

• Section 54 TPA controls: Agreement of sale does not create interest; title passes only via registered conveyance.
• SA/GPA/WILL ≠ Transfer: These documents may show an arrangement or intent, but they do not operate as a sale.
• Limited protection only: Section 53A can defend possession; it cannot confer ownership.

This case is the go-to authority for students and practitioners on GPA sales. It warns buyers: to get ownership, you need a registered sale deed. Anything else is risky and incomplete.

1. No deed, no title: Ownership passes through a registered sale deed only.
2. SA/GPA/WILL is not a substitute for a sale deed.
3. Section 53A is a shield for possession, not a sword for title.
4. For clean title, complete the conveyance and register it.

Mnemonic: “Deed or Dead” — Without a registered Deed, the transfer idea is legally dead.

1. Ask: Is there a registered sale deed?
2. If no: SA/GPA/WILL can’t pass title; at most, claim specific performance/Section 53A.
3. Exam line: “GPA sale does not convey title as per Section 54 TPA.”

Issue

Can SA/GPA/WILL or a GPA sale legally transfer title in immovable property?

Rule

Section 54 TPA — agreement of sale does not create interest; registered conveyance required. Section 53A — limited shield, no title.

Application

The petitioner relied on SA/GPA/WILL. Such documents show intent or authority but do not operate as a conveyance. Hence, title did not pass.

Conclusion

Only a registered sale deed transfers ownership. SA/GPA/WILL can support specific performance or possession, not title.

GPA Sale

A sale structured through a General Power of Attorney instead of a sale deed; not valid to pass title.

SA/GPA/WILL

A bundle of Sale Agreement + GPA + Will used to avoid stamp/registration; does not convey ownership.

Section 54 TPA

Says an agreement of sale does not itself create any interest; title passes by registered conveyance only.

Section 53A TPA

Part performance; a defensive right to protect possession, not a transfer of title.