It depends on you. You can cancel the gpa

If the power of attorney deed has not been cancelled by the principal and if the principal is alive then the power of attorney deed is considered to be active, the4 power agent can perform the tasks assigned through this power deed. 

The involvement of the power agent in some criminal activity which is not related to the property mentioned as schedule of property in the power of attorney deed  then she can still perform the tasks assigned until, the principal is taking steps to cancel/revoke the power of attorney deed granted to the power agent in the year 2004.

It is not clear who filed the case against your sister in the High Court. It is also not clear why you didn't revoke the GPA after knowing that she had misused the GPA and committed frauds. If you have not already done, please do so immediately. Please note that ONLY you as the principal can revoke the GPA and the court finding her guilty shall not automatically revoke it.

From the facts stated by you, the answer depends on the terms of the GPA and whether it was ever revoked, but the conviction of your sister for forgery is a highly significant circumstance.

A General Power of Attorney does not automatically become invalid merely because the attorney holder is subsequently found guilty of forgery in another transaction. However, if the GPA was granted only for management and maintenance of the property and did not authorize sale, transfer, creation of third-party rights, or execution of conveyance documents, any sale beyond the authority granted under the GPA can be challenged as unauthorized and voidable.

If, as alleged by you, your sister created fabricated documents, falsely represented Asha and Kiran as adopted daughters, forged signatures, and was subsequently convicted in proceedings arising out of those transactions, such findings can substantially undermine the legitimacy of transactions undertaken by her. The conviction itself does not retrospectively cancel the GPA, but it may provide strong evidence that she acted fraudulently and beyond the authority conferred upon her.

Another important aspect is whether you ever revoked the GPA. If the GPA was not revoked and was otherwise validly executed, it may technically continue until revoked, unless it was a power coupled with interest or stood terminated by operation of law. However, where the attorney holder has abused the authority and acted fraudulently, the principal is generally entitled to revoke the GPA and challenge transactions carried out through misuse of that authority.

You should carefully examine:

1. The exact clauses of the GPA executed in 2004.

2. Whether the GPA authorized sale of the commercial property.

3. Whether the alleged purchasers were bona fide purchasers.

4. The nature of the Karnataka High Court judgment and the offences for which your sister was convicted.

5. Whether any civil proceedings challenging the 2012 sale have already been filed.

If the GPA was only for maintenance and management of the property, and the sale was effected through forged documents and false representations, there may be strong grounds to challenge the transaction irrespective of whether the GPA technically remained in force.

Therefore, the mere fact of conviction does not automatically invalidate the GPA, but it can significantly strengthen a challenge to the sale and to any acts performed by the attorney holder in excess of the authority granted under the GPA.

GPA is valid unless revoked 

issue public notice about revocation of POA 

3) issue notice to sister that POA stands revoked 

kindly clarify whether GPA is registered or only  notarised 

Sir/Madam,

In GPA, there might be revocation clauses mentioning therein the circumstances under which the GPA might be treated as revoked. If such clauses matches the act done by attorney i.e. Peter Joan for making fictional documents and getting proved guilty, the said GPA stands revoked. In other chances, you need to revoke the said GPA unconditionally. 

Dear Client, The general power of attorney you gave to your sister is essentially an agency agreement based on trust when she committed fraud and was convicted for forgery, she fundamentally breached her fiduciary duty. While a general power of attorney does not always expire automatically upon a criminal conviction unless it is explicitly stated, her actions constitute a severe breach of trust that allows you to treat the authority as terminated legally you should not rely on the document being valid in any capacity as a criminal record and the fraudulent nature of a past actions would make any further use of that GPA easily changeable.

To make sure there is no confusion for third parties or authorities you must take formal steps to cancel the GPA immediately. You should execute and register a deed of revocation at the same Subregistrar office where the original GPA was registered, after registering the revocation you must send a formal legal notice to your sister and to any banks, property offices or individuals who might still believe she has authority additionally publishing a public notice in at least two local newspapers will also help.

Given that she has already used the document for illegal acts you should also consider filing a civil suit to declare those specific documents and any related property sales as null and void. Since a High Court has already found her guilty of forgery you have strong evidence to support a petition for the cancelation of these fraudulent documents under section 31 of this Specific Relief Act. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou

- Since, Joan Peters already proved guilt in the case , then the said GPA given to her already lost its entity and it is not valid. 

- However, if the said order of the Court has not mentioned the same then you can send a notice to her for the termination/revocation of the GPA after giving details of her wrong deeds. 

Dear Sir/Madam,

The GPA is not automatically cancelled only because Joan was later convicted, unless it has been revoked by you or cancelled by court.
However, if the GPA was only for maintenance and she sold the property using forged/fictitious documents, the sale can be challenged.
You should immediately revoke/cancel the GPA, issue public notice, and file a civil case for cancellation/declaration regarding the sale deed.

Advocate Saurabh Agrawal

the purpose of GPA will be considered if there is anything which can be done by GPA holder and the executant is not going to revoke that GPA then the GPA is still valid.