It is upon the court to accept the suit through GPOA or not?
the GPOA should be registered
regards
Sirs, Mr ‘X’ has to take Money from Mr ‘Y’ but Mr. 'Y' is avoiding to repay. Mr ‘X’ wants to file suit against Mr ‘Y’ Mr ‘X’ gave GPOA to Mr ‘Q’ empowering him to file Suit against Mr ‘Y’ In the GPOA it is also stated that Mr. ‘Q’ can collect whole amount along with interest from Mr. ‘Y’ in his own name and settle the matter as Mr. ‘Q’ deems fit and proper The said GPOA is Notarized But The amount involved is big Therefore this question arise Whether the aforesaid GPOA is sufficient legally Or Some other POA is required and registered please guide HARIOM
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Notorised POA is sufficient
no consideration is passing from Q to X [the POA as described does not appear to be a POA coupled with interest]
X has simply assigned his right, to recover his money from Y, to Q, without any consideration passing from Q to X for the said assignment
This GPOA is not legal and is wholly illegal as to institute a suit GPOA don't work and as the amount is big and has to be collected then what GPOA will do. So whenever you file a suit , the presence of the Ist party is must not on each date but on the preliminary dates as the GPOA holder can file papers and can take suitable steps on behalf of the Ist party but can't institute the suit and later on in writing by his appointed person and in collection of money he has to give in writing with the consent of the other party in a form of a settlement, so please take appropriate steps as suggested.
it is not necessary to register POA for filing suit and to enter into settlement
2) instead of general POA specific POA should be executed duly stamped and notarised
The power of attorney is sufficient no registration of same is required for a suit. So it is valid .
Sirs, Mr ‘X’ paid Money to Mr “Y” as under : - Rs. 100 by Cheque (Proof available in Bank Statement but No Receipt) Rs. 100 in Cash but No Receipt has been taken from Mr. ‘Y’ (Hence No Proof available) Rs.200 Total No other documents of loan available except above Notice has sent Mr “X” to Mr. ‘Y” containing above details and No Reply by Mr. “Y’ Which type of Recovery suit must be filed by Mr. “X’ against Mr ‘Y’ WHETEHR summary suit or what ? HARIOM
In absence of any specific admission by Y of loan, regular money recovery suit has to be filed under the commercial courts act
There is provision of pre suit mediation which is compulsory under the commercial courts act
A summary suit can be filed before the civil court for recovery of the amount further some proof amount that is cash to be given also the source of income for same.
Dear Client,
You should file a simple recovery suit instead of Summery Suit. Suit may be file on the basis of GPA
Notarized power of attorney has no validity in the eyes of law.
Every power of attorney needs to be mandatorily registered, after payment of stamp duty in the presence of two witnesses at the sub registrar office.
For advising as to which remedy hi shooter wale please state as to when was the loan amount forwarded? In which year
Since this POA deed has been executed in favor of Y by X for the purpose of court case only, there is no legal infirmity in it, as well as since this is regarding some money transaction then the POA deed need not be by a registered document
There is no sufficient evidence for the money transaction hence summary suit may not be maintainable, however money recovery suit can be filed based on the bank account statement and the bank transaction as well as the legal notice.