{"id":9929,"date":"2026-10-24T16:49:15","date_gmt":"2026-10-24T16:49:15","guid":{"rendered":"https:\/\/lawsandlegals.com\/english\/?p=9929"},"modified":"2026-10-24T16:49:17","modified_gmt":"2026-10-24T16:49:17","slug":"rajasthan-high-court-rules-jail-inmate-can-execute-gpa-says-court-permission-mandatory-before-selling-property","status":"publish","type":"post","link":"https:\/\/lawsandlegals.com\/english\/rajasthan-high-court-rules-jail-inmate-can-execute-gpa-says-court-permission-mandatory-before-selling-property\/","title":{"rendered":"Rajasthan High Court Rules Jail Inmate Can Execute GPA, Says Court Permission Mandatory Before Selling Property"},"content":{"rendered":"\n

Jaipur:<\/strong> The Rajasthan High Court has held that a person\u2019s property rights do not cease merely because they are in prison. The Court directed the Jaipur Central Jail Superintendent to facilitate the execution and registration of a General Power of Attorney (GPA) in favour of Anand Singh\u2019s brother, Dilip Singh, allowing him to handle the necessary legal formalities concerning their jointly owned property.<\/p>\n\n\n\n

Justice Anoop Kumar Dhand set aside an order passed by the Special Judge, NDPS Cases, Jaipur Metropolitan-I, which had rejected Anand Singh\u2019s request to execute and register the GPA while in judicial custody.<\/p>\n\n\n\n

The High Court observed that imprisonment does not amount to \u201ccivil death\u201d or automatically extinguish a person\u2019s civil and property rights. It also clarified that the permission to execute the GPA would not, by itself, authorise the sale of the property. Anand Singh must obtain permission from the trial court before selling his share.<\/p>\n\n\n\n

Accused Seeks GPA Due to Family\u2019s Financial Difficulties<\/h4>\n\n\n\n

The case concerns Anand Singh, a Jaipur resident who is in judicial custody in an NDPS case. He wanted to execute a General Power of Attorney in favour of his brother, Dilip Singh, to enable him to undertake the necessary formalities relating to their jointly owned property.<\/p>\n\n\n\n

The petitioner informed the Court that his family was facing financial difficulties and needed to sell a portion of the property. However, being in jail, he could not personally visit the relevant offices to execute and register the necessary documents.<\/p>\n\n\n\n

He, therefore, sought permission to authorise his brother to act on his behalf and complete the required legal formalities.<\/p>\n\n\n\n

NDPS Court Rejects Request<\/h4>\n\n\n\n

Anand Singh had approached the Special Judge, NDPS Cases, Jaipur Metropolitan-I, seeking permission to execute and register the GPA in favour of his brother while in custody. He also requested directions to the jail superintendent to facilitate the process.<\/p>\n\n\n\n

On June 3, 2025, the NDPS court rejected his application.<\/p>\n\n\n\n

Challenging the order, Anand Singh approached the Rajasthan High Court. The state government opposed his petition, raising concerns about the proposed property transaction.<\/p>\n\n\n\n

State Raises Concern Over Possible Proceeds of Crime<\/h4>\n\n\n\n

The state argued that the trial in the underlying criminal case had reached its final stage. It also raised the possibility that the property in which Anand Singh wished to sell his share might have been purchased using proceeds of crime.<\/p>\n\n\n\n

According to the prosecution, the proposed transaction required careful consideration in view of these concerns.<\/p>\n\n\n\n

The petitioner countered that the investigating agency had not produced any evidence, either when filing the charge sheet or during the trial, to establish that the property had been acquired using proceeds of crime.<\/p>\n\n\n\n

He maintained that his request arose from his family\u2019s financial difficulties and that his incarceration alone could not deprive him of his property-related rights.<\/p>\n\n\n\n

Court Says Rights Cannot Be Denied on Mere Suspicion<\/h4>\n\n\n\n

After examining the record, the High Court observed that no evidence had been presented to establish that the property in question had been purchased using proceeds of crime.<\/p>\n\n\n\n

The Court held that a person cannot be deprived of legal rights merely on the basis of suspicion or speculation without supporting evidence.<\/p>\n\n\n\n

It clarified that being an accused in a criminal case does not automatically extinguish a person\u2019s property rights. A person in custody continues to retain the right to manage their property and take necessary legal steps, subject to applicable law and any restrictions imposed by a competent court.<\/p>\n\n\n\n

Imprisonment Does Not Amount to \u2018Civil Death\u2019<\/h4>\n\n\n\n

The High Court emphasised that imprisonment does not amount to \u201ccivil death\u201d, meaning the complete loss of a person\u2019s civil and private rights.<\/p>\n\n\n\n

The Court referred to Articles 21 and 300A of the Constitution. Article 21 protects life and personal liberty, while Article 300A provides that no person shall be deprived of their property except by authority of law.<\/p>\n\n\n\n

The bench observed that incarceration, by itself, cannot be treated as a ground for extinguishing a person\u2019s property rights.<\/p>\n\n\n\n

Registration Act and Rajasthan Prison Rules Permit GPA Formalities<\/h4>\n\n\n\n

The High Court referred to Section 38(1)(b) of the Registration Act, 1908, which provides for registration-related procedures involving persons who are unable to appear personally before the registration office, including those confined in prison.<\/p>\n\n\n\n

Under the provision, the registering officer may visit the place of confinement to complete the necessary formalities or appoint an officer for that purpose, as provided by law.<\/p>\n\n\n\n

The Court also referred to Rules 202 and 526 of the Rajasthan Prison Rules, 2022, which deal with powers of attorney and the execution, signing and verification of property-related documents by prisoners under the prescribed procedure.<\/p>\n\n\n\n

Considering these provisions, the Court held that being in custody did not prevent Anand Singh from executing a GPA through the applicable legal process.<\/p>\n\n\n\n

Jail Superintendent Directed to Facilitate GPA Registration<\/h4>\n\n\n\n

Setting aside the NDPS court\u2019s order, the High Court directed the Jaipur Central Jail Superintendent to facilitate the certification and registration of the General Power of Attorney in favour of Dilip Singh without unnecessary delay.<\/p>\n\n\n\n

The Court clarified that the direction concerned only the execution and registration of the GPA. It did not amount to permission to sell the property or transfer ownership.<\/p>\n\n\n\n

Trial Court\u2019s Permission Mandatory Before Sale<\/h4>\n\n\n\n

The High Court made it clear that Anand Singh must approach the trial court for permission before selling his share in the jointly owned property.<\/p>\n\n\n\n

The trial court will consider that application in accordance with law. Thus, while Anand Singh can execute a GPA in favour of his brother through the prescribed procedure, the proposed sale remains subject to the trial court\u2019s approval.<\/p>\n\n\n\n

Appearances:<\/strong> Advocates Ashwin Garg and Anutosh Mishra appeared for the petitioner. Special Public Prosecutor Jitendra Singh Poonia and Public Prosecutor Manvendra Singh Shekhawat appeared for the state.<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Jaipur: The Rajasthan High Court has held that a person\u2019s property rights do not cease merely because they are in prison. The Court directed the Jaipur Central Jail Superintendent to facilitate the execution and registration of a General Power of Attorney (GPA) in favour of Anand Singh\u2019s brother, Dilip Singh, allowing him to handle the … Read more<\/a><\/p>\n","protected":false},"author":2,"featured_media":9905,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_wppp_is_locked":false,"_wppp_selected_plans":[],"footnotes":""},"categories":[69,29],"tags":[3825,2915,3826,3821,3827,1732,3824,3823,153,3822,471,3820,3828,659,43,1737],"class_list":["post-9929","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-rajasthan-high-court","category-top-stories","tag-anand-singh","tag-article-twenty-one","tag-civil-death","tag-civil-rights-of-prisoners","tag-dilip-singh","tag-general-power-of-attorney","tag-gpa-registration","tag-jail-inmate","tag-jaipur-bench","tag-jointly-owned-property","tag-justice-anoop-kumar-dhand","tag-prisoner-property-rights","tag-property-sale-permission","tag-rajasthan-hc","tag-rajasthan-high-court","tag-registration-act-1908"],"_links":{"self":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9929","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/comments?post=9929"}],"version-history":[{"count":1,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9929\/revisions"}],"predecessor-version":[{"id":9930,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9929\/revisions\/9930"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media\/9905"}],"wp:attachment":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media?parent=9929"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/categories?post=9929"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/tags?post=9929"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}