- The requirement under Rule is 32 is the GPA giver should also submit an affidavit stating that the power of attorney under GPA is still subsisting.
- The requirement under Rule 33 is giver of GPA should verify the signature of attorney, state his reasons of inability to sign the pleadings and state the means of knowledge of person signing.
- When the attorney in another case claims that the principal/GPA giver is absconding, produce that admission in Court. His GPA will be rejected. Also GPA by NRI has to attested by Indian consulate or embassy authority. With such attestation GPA is not admissible.
SPA / GPA
1. GPA by NRI is not holding any info such as Giver's address, contact . Only mentioning residing in Singapore. 2. The GPA holder in another case in High Court made submission that the A1 [GPA Giver] is absconding and now filing a petition in another court as GPA holder on behalf of same person whom he declared as Absconding. 3. Petition under Rule 32 of CPC and Rule 33 of cpc plus the petition and vakalat submitted at the same time and the court Admin Officer accepted it and gave an MP number, when objection raised at the Bench, the hon;ble judge also ignored the rules. What is the procedure now to counter these irregularities Please advise
Asked 2 years ago in Criminal Law
Religion: Muslim
11 Answers
Sir/Madam,
You are suggested to file an application to this effect highlighting these flaws and file an application under section 340 of Cr PC.
GPA should mention detailed address of principal
if GPA is attested before Indian consulate then consulate would require identity proof of principal
in your reply take the plea that GPA is executed under suspicious circumstances
Dear Client,
Yes, it can done by way of Deed of Rectification. If the Power of Attorney is registered then the Deed of rectification will also have to be registered. Get the deed of rectification drafted by a legal expert.After executing a rectification deed, he will not face any difficulty in selling off this property.
Thanks & Regards
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.
The details of the Principal of the power of attorney has to be specifically mentioned in the power deed.. If it is attested by a notary of that country then that will be sufficient
1. The SPA/GPA holder himself has admitted that GPA/SPA giver/principal is absconding at the Hon'ble High Court of Telangana in another case. 2. The GPA/SPA is not reading any details of giver/principal except that he is residing in Singapore with NO address or proof, just a simple Notary without giver/pricipal address 3. The same GPA/SPA hold who claimed the GPA/SPA giver as absconding is now filing petition in another court on behalf of SPA/GPA giver
Asked 2 years ago
Notary before notarisaton of POA would have insisted on identity and address proof of principal
it is surprising that POA does not mention these details
there are suspicious circumstances surrounding execution of POA
if POA is executed abroad Court generally insists it should be attested before Indian consulate
Any SPA/GPA without all particular of the principal/GPA giver as to address, occupation, age, parentage, passport number is not valid and not admissible as proper authority to the attorney/taker of GPA.
You can file a petition seeking to dismiss the case filed by the power agent on behalf of his principal for the reasons you rely upon, but your petition should be drafted well expressing your grievances and the cause of action to convince court to pass orders as desired by you.
You can file his own submission in court and show the inconsistency in his own case
- If the said GPA/SPA is attested from the consulate of India in Singapore , then it is a valid document and the court cannot raise issue for the same only upon your compliant that the said documents is fake.
- If he has already admitted in another court, then you can move an application under section 340 CrPc before the said court for lodging an FIR against the principal.
- Since, the said GPA/SPA is not attested from the consulate of India , then it is not a valid document , and you can move the proper application as advised.
Dear Client,
A GPA holder cannot execute a GPA to another person on the same property or for the same reason.Yes for sure u can revoke your GPA. Send a notice of revocation to GPA holder. Execute a deed of revocation of GPA. then take a paper publication ,for the purpose of public notice , stating that the above said GPA has been as on date.A GPA holder can sell the property to himself, as a principal owner and buy the same property in the capacity of a buyer. This is completely legal.If the deed of power of attorney grants power to sell the property of the principal and to execute and register necessary documents in that regard, such a sale made by the agent will be valid, is binding on the principal, and will convey a proper title to the purchaser(s).By law, there is no barring to this if the property transfer is done after following the authorized process within legal bindings.
Thanks & Regards