AIROnline 2021 SC 1069

Supreme Court Of India

Hon'ble Judge(s): Ajay Rastogi, Abhay S. Oka , JJ

(A) Transfer of Property Act (4 of 1882) , S.54— Sale deed - Without payment of consideration - Effects - Plea that appellant executed PoA (Power of Attorney) in favour his elder brother and acting on basis of said PoA, two sale deeds were executed by brother in favour his minor sons and his wife - Purchasers-minor sons and wife had no earning capacity - No evidence adduced by brother about payment of price mentioned in sale deeds - Sale deeds held, void being executed without consideration. A sale of an immovable property has to be for a price. The price may be payable in future. It may be partly paid and the remaining part can be made payable in future. The payment of price is an essential part of a sale covered by S. 54 of the TP Act. If a sale deed in respect of an immovable property is executed without payment of price and if it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law. It is of no legal effect. Therefore, such a sale will be void. It will not effect the transfer of the immovable property. In the present case, appellant executed Power of Attorney in favour of his elder brother and on basis of said Power of Attorney, elder brother executed two sale deeds in favour of hi minor sons and his wife.Purchasers who were minors sons and wife of elder brother had no earning capacity. No ....