A Power Of Attorney Is To Be Construed Strictly

INTRODUCTION:

The Apex Court in Mrs. Umadevi Nambiar v/s Thamarasseri Roman Catholic Diocese Rep. by its Procurator Devssia's Son Rev. Father Joseph Kappil¹ observed that a power of attorney was to be construed strictly and that a power to sell could not be inferred from a power of attorney.

FACTS: 

The suit property belonged to one Mr. Ullattukandiyil Sankunni, which thereafter devolved upon his two daughters, Mrs. Umadevi Nambiar, the Appellant and Smt. Ranee Sidhan (“said Agent”).

On 21^st July, 1971, the Appellant executed a general Power of Attorney in favour of the said Agent under a registered document bearing No. 35 of 1971 (“said Power”).

The said Power was cancelled on 31st January, 1985.