SUPREME COURT: PLEA MOVED TO ALLOW PUBLIC INSPECTION OF GENERAL POWER OF ATTORNEYS IN PROPERTY TRANSACTIONS

The Supreme Court in the case Abishek Nath Sarvaria vs Union Of India observed wherein the Union Government told the court that it will explore if a legislative intervention is being required to address the issues which are raised in a petition filed seeking public inspection of General Power of Attorney, GPA issued in property transactions.

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The bench comprising of Justice Surya Kant and Justice Ujjal Bhuyan was hearing the present matter.

In the present case, the Public Interest Litigation, PIL was filed by a petitioner-in-person seeking directions to allow GPAs entered by parties in relation to immovable properties to be open for public inspection and verification under the Right To Information Act, RTI 2005.

The Section 57(3) of the Indian Registration Act 1908 provides that copies of GPA or a Special Power of Attorney, SPA can be given by the registering officers only to ‘any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative’.

The provision of section 51 (3) of the Indian Registration Act 1908 entails GPA or Special Power of Attorney, SPA as part of ‘book 4’ which is immune from public scrutiny.

The counsel, Additional Solicitor General Vikramjit Banerjee sought time to explore possible legislative solutions to the prevailing which are being raised by the petitioner.