High Court of Karnataka Allows Writ Petition Challenging Unilateral Registration of Revocation of General Power of Attorney. Registration of a deed of revocation of GPA by the Sub-Registrar without notice to the original holder is illegal and arbitrary, and the court declared it null and void.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Prosecution
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Case Note & Summary

The petitioner, North Roof Ventures Private Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the registration of a deed of revocation of a General Power of Attorney (GPA) executed unilaterally by respondent No.5, Sri H.R. Suresh, and registered by respondent No.4, the Sub-Registrar, Yelahanka, Bengaluru. The petitioner was the original holder of a GPA executed by respondent No.5. The deed of revocation was registered on 24.04.2024 without any notice to the petitioner. The petitioner sought a declaration that the registration was null and void ab initio. The court held that the registration of a deed of revocation of a GPA without notice to the original holder is illegal and arbitrary, as it violates principles of natural justice. The court allowed the petition and declared the registration as null and void.

Headnote

A) Registration Act, 1908 - Revocation of Power of Attorney - Unilateral Registration - A deed of revocation of a General Power of Attorney executed unilaterally by the principal and registered without notice to the original holder of the GPA is illegal and arbitrary. The Sub-Registrar cannot register such a deed without ensuring compliance with principles of natural justice. (Paras 1-10)

B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - The High Court can declare a registered document as null and void if it is executed and registered in violation of legal principles and without jurisdiction. (Paras 1-10)

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Issue of Consideration

Whether a deed of revocation of a General Power of Attorney can be unilaterally executed and registered without notice to the original holder of the GPA, and whether such registration is valid.

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Final Decision

The court allowed the writ petition and declared the registration of the deed of revocation of General Power of Attorney dated 24.04.2024 as null and void ab initio.

Law Points

  • Registration Act
  • 1908
  • Section 17
  • Section 49
  • Power of Attorney
  • Revocation
  • Unilateral Registration
  • Natural Justice
  • Writ Jurisdiction under Articles 226 and 227 of Constitution of India
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Case Details

2025 LawText (KAR) (11) 2

WP No. 16770 of 2024 (GM-RES)

2025-11-18

D K Singh

Siddharth Suman for Petitioner; S.H. Raghavendra for Respondents 1-4; H.N. Shashidhar for Respondent 5

North Roof Ventures Private Ltd.

State of Karnataka, The Inspector General of Registration and Commission of Stamps, The District Registrar, The Sub Registrar, Sri H R Suresh

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Nature of Litigation

Writ petition under Articles 226 and 227 of the Constitution of India challenging the registration of a deed of revocation of a General Power of Attorney.

Remedy Sought

Declaration that the deed of revocation of GPA dated 24.04.2024 registered by respondent No.4 is null and void ab initio.

Filing Reason

The petitioner, holder of a GPA, challenged the unilateral execution and registration of a revocation deed by the principal without notice to the petitioner.

Issues

Whether the registration of a deed of revocation of a General Power of Attorney without notice to the original holder is valid.

Submissions/Arguments

Petitioner argued that the revocation deed was executed unilaterally and registered without notice, violating principles of natural justice. Respondents argued that the registration was in accordance with law.

Ratio Decidendi

A deed of revocation of a General Power of Attorney cannot be unilaterally registered without notice to the original holder of the GPA, as it violates principles of natural justice. Such registration is illegal and arbitrary.

Judgment Excerpts

The deed of revocation of General Power of Attorney dated 24.04.2024 as was unilaterally executed by respondent No.5 which was illegally and arbitrarily registered by respondent No.4... is declared as null and void ab-initio.

Procedural History

The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging the registration of a deed of revocation of GPA. The court heard the matter and delivered judgment on 18.11.2025.

Acts & Sections

  • Constitution of India: Articles 226, 227
  • Registration Act, 1908:
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