• POA

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
Asked 6 years ago in Civil Law

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18 Answers

It is upon the court to accept the suit through GPOA or not?

the GPOA should be registered 

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

GPA is valid, value of amount has not effect on GPA.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

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

 

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

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.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

The power of attorney is sufficient no registration of same is required for a suit. So it is valid .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Summary suit will have to be filed by Mr. X for the recovery of the money 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Recovery suit, summery trial still takes years.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

You can file summary suit to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

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

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

You should file a simple recovery suit instead of Summery Suit. Suit may be file on the basis of GPA

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

It needs to be registered. Summary suit can be filled

Prashant Nayak
Advocate, Mumbai
34585 Answers
249 Consultations

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.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

For advising as to which remedy hi shooter wale please state as to when was the loan amount forwarded? In which year

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

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

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

Dear sir

You can file the suit by your self in the civil courts.  And this suit will be recovery suit. 

But If you have given GPOA to other person then also write in the POA that Mr. Q will return  the amount received from Mr.  Y to Mr.X as soon as possible 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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