1. SPA grantor is not writing his details such as Address, Contact , occupation etc, Just mentioning that I am residing in Malaysia and getting the SPA/GPA notarized 2. Not obtaining attestation from Indian Embassy 3. Court filing section is accepting the petitions and asking us to write in the counter therefore delaying the process of case 4. The defendant is Pro-forma party and still the court filing section is accepting the petitions through SPA holder even-though the SPA is without mention of details of Grantor 5. Can i draw the attention of Vigilance Officer about this irregularity? 6. Counsel is submitting petitions knowing well the Lacunas of SPA/GPA. Can the Vigilance officer take any action against the Counsel
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1. The details of the Principal of the power of attorney has to be specifically mentioned in the power deed.
2. If it is attested by a notary of that country then that will be sufficient.
3. If you are given with the copy of the petition, then you may have to give in writing your objections in your counter to the petition.
4. You can raise objections in your counter about it.
5. It is not under the purview of the vigilance officer.
6. No.
For filing case not necessary that GPA / SPA should be registered
it is sufficient if it is notarised
3) grantor details should be mentioned in POA
4) you should in your reply dispute the genuineness of POA on grounds details not mentioned of grantor , not attested before Indian consulate etc
File an application under order 7 Rule 1 of Civil Procedure Code, 1908 for rejection of plaint on the ground the that SPA is not valid as being not attested by the Indian Consulate and pliant is opposed to Rule 32 and 33 of Civil Rules Practice. The plaint will be rejected. No action can taken against Advocate for the default of his client.
1. SPA/GPA grantor is absconding from India and it has been admitted in the High Court by SPA/GPA holder thru his Counsel. Will it not be a ground for making the SPA/GPA invalid? Absconding denotes that the whereabouts of the Grantor/Principal are not known then the holder of SPA/GPA cannot use this document in any other court? 2. Once the Counsel Submitted in the Higher Court that the person is absconding in another case then how is it possible that the same counsel is trying to represent the absconder please advise
1) GPA does not become invalid merely because the principal is absconding
2) it ceases on death of principal
Dear Sir,
1) You should contest the validity of the GPA/SPA as being invalid in your reply to the above mentioned petition, on the basis of non attestation by the Indian consulate/embassy and being incomplete because it does not have the essential contents mentioned on it.
2) A GPA/SPA is valid for the lifetime of the principal or the one who is awarding the GPA. It can also be revoked within the lifetime of the owner. The SPA, on the contrary, stands revoked when the specific task assigned to the SPA is completed.
3) The fact that the principal that made the GPA/SPA is absconding doesn't effect the validity.
Thank you
1. You have to prove that the principal of the power of attorney deed is absconding and that the power deed presented before court is fake and fabricated one hence it is not valid. Without ascertaining this issue you cannot make the power deed as invalid just because the principal is absconding.
If the power of attorney deed has been validly executed and there is no legal infirmity in it, then you cannot question about the validity of the deed.
2. The counsel has been authorised to represent his client by a vakalatnama duly signed by the party to the case, hence the counsel is right in representing his client before court.
If the party is not appearing before the other court, then the law has to take its own recourse of legal action as per provisions of law applicable to that circumstances.