G.PA.& PRILIMINARY DECREE VALIDATIONS
Querist :
Anonymous
(Querist) 05 March 2010
This query is : Resolved
Respected sir , After cancalization of G.P.A. is it valid ? now one person was made registrations on revoked G.P.A. IS IT VALID ? & ONE MY NEIGHBOUR WAS GIVEN AN A PRELIMINARY DECREE FOR DECLARATION OF TITLE &PERPETUAL INJENCTION ON LAND WITH THE CONCENT OF DEFANDANTS,BUT HERE ONE SIGNATURE WAS FORGED BY PLINTIFFS SIDE PARTY IN THE SAME CONCENT DECREE ,IN 1992 , NOW IS IT IS VALID ,WHAT IS THE LIMITATIN ACT FOR THE PRILIMINARY DECREE ? KINDLY GIVE ME SAGESSSTION ON BOTH MATTERS .THANKING YOU SIR.
Raj Kumar Makkad
(Expert) 05 March 2010
No. after cancellation of GPA, it is not valid. So any transaction made by such GPA holder after its revokation and his knowledge thereto is illegal. Here question is knowledge to GPA holder about its revokation.
If decree has been obtained fradulantly by forging signature of any of the party showing his consent, it is purely an illegal act and suh decree is nullity. Both civil as well as criminal action should be initiated against such person. The limitation for initiation in civil matter is 3 years of date of knowledge of such fraud and criminal action should also be initiated within shortest period of knowledge say within days.
Parveen Kr. Aggarwal
(Expert) 05 March 2010
Despite cancellation of the GPA if it has not been conveyed to the agent (in whose favour GPA was executed) by the Principal (person executing GPA) that his authority under the GPA has been revoked, the acts done by the agent shall remain valid and binding on the Principal.
Under Article 56 of the list appended to the Limitation Act, 1963, limitation for filing a suit to declare the forgery of an instrument issued or registered is three years from the date when the issue or registration becomes known to the plaintiff.
For forgery of a document besides institution of a civil suit, remedy of launching prosecution is also available which includes prosecution for an offence under section 467 of the Indian Penal Code, 1860 for which no period of limitation has been prescribed.
Kumar Thadhani
(Expert) 06 March 2010
Respected Expert MR MAKKAD & MR PARVEEN HAD RIGHTLY GUIDED YOUR QUERY.
