Sale Deeds Executed Without Consideration Are Void

INTRODUCTION:

The Apex Court in its decision in Kewal Krishnan vs Rajesh Kumar and Others¹ held that if a sale deed in respect of an immovable property was executed without payment of price or if the sale deed did not provide for the payment of price at a future date, it could not be a sale at all in the eyes of law. The sale deed would be of no legal effect and such a sale would be void and would not effect the transfer of an immovable property.

FACTS:

One Kewal Krishnan ("Appellant") and one Sudarshan Kumar (being one of the Respondents) jointly acquired certain properties vide sale deeds dated 12^th August, 1976 and 19^th October, 1976 ("suit properties").

The Appellant executed a power of attorney in favour of Sudarshan Kumar on 28^th March, 1980 ("said PoA") in respect of the suit properties.