General Power of Attorney

Delhi High Court: A Partition Suit Cannot Outrun a Registered Sale to a Bona Fide Purchaser

Deciding a first appeal under Section 96 of the Code of Civil Procedure, 1908, the Delhi High Court upheld the dismissal of a partition suit filed by two sons against their stepmother, half-brother and a third-party purchaser over a Delhi plot. The sons could not rebut the presumption of validity attaching to a registered power of attorney and a registered agreement to sell, and having admittedly parted with possession, could not maintain a suit for partition without also seeking possession — a procedural threshold the case treats as inseparable from any substantive claim to family property.