HC refuses plea seeking action against holding property through power of attorney

The Delhi High Court Thursday refused to entertain a petition seeking a direction to Delhi Police to not accept power of attorney as title deed of properties.

"You want that door-to-door survey should be conducted by Delhi Police?" a bench of Chief Justice DN Patel and Justice Jyoti Singh questioned lawyer and petitioner.

Advocate Manohar Lal Sharma, who filed the petition submitted that Delhi Police should take action whenever it receives a complaint that a person is in possession of a property on the basis of a power of attorney.

He argued that power of attorney was an illegal document and not a title deed, and anyone relying on it to possess any property should be liable for action under the Indian Penal Code and Black Money Act.

The court asked Sharma to withdraw the petition, else it would impose costs on him.

“We are not inclined to issue notice. We don't want to impose costs on a lawyer”, the court said.

The petition was then withdrawn by the lawyer.

The petition contended that sale transactions via power of attorney are for concealing black money and tax evasion, which is a serious offence.

The petitioner claimed that upon enquiry, he found that there were several benami properties that were purchased by the brokers through power of attorney and the same were being used for tenancy business.