GPA
Querist :
Anonymous
(Querist) 15 July 2011
This query is : Resolved
My relative is retired from government service some seven years ago. He is old, alone and single without any family or offspring. His only savings is the modest dwelling unit where he presently lives and the land is under dispute. He got this land for construction of house after becoming a member in a cooperative land and housing Society of employees of a central government organisation. He got allotment (thru draw of lots from about ten vacant plots) that was one of the recovered from the initial allottee who has been given postal notice to the address that was available in the Society’s records and newspaper advertisement for the intended recovery of the plot allotted to him. He started constructing the house raising bank loans. He had almost constructed the modest house, the original allottee managed to get a verdict from the Registrar of Cooperative Society that the allotment made by the Society to him is not valid. He approached the District Court and the verdict was not in his favour. Therefore, he approached the High Court and the Hon’ble High Court had directed him to remit a sum equivalent to the present market rate of the land to the Society which is presently managed by the Special Officer as the Society is not having an elected managing committee of members of the Society. The amount spelt out is far higher and hefty, absolutely beyond his means. Had it been the rate prevailing at the time of allotment (made some eight years ago) he could have somehow managed to pay the same to the Society. With no option on hand he approached the Supreme Court and the Supreme Court, thankfully, had stayed operation of the High Court order. Considering his age he wants to give a general power of attorney to one of his nephews who can handle the case further. Question is: whether can he give a GPA to any one at this juncture? Is it permitted by law?
R.Ramachandran
(Expert) 16 July 2011
It is permitted by law. At what stage one has to give power of attorney is to be decided by the giver and not by law. In any case, the POA will very clearly state that he had instituted a case and that case is in such and such stage and that he is now appointing a GPA to pursue the case on his behalf... That should be perfectly valid.
Querist :
Anonymous
(Querist) 27 August 2013
Thanks experts
