General power of attorney
Mohan R
(Querist) 20 November 2012
This query is : Resolved
Experts pl advise what happens in the case of GPA
Q1) Mother gives one son her GPA which he uses as Attorney holder for 2 years in an Appeal by mother still pending final orders while interim stay orders have been given.
Q2)Another son who is against his brother as well as against the said Appeal for his ulterior motives has the GPA revoked thereafter through public notice which he engineers after brainwashing very old bedridden mother.
Q3)Mother passes away and first son thereafter files for substitution in place of Appellant U/o 22 R4 of CPC, 1908.
Q4)Notices are issued to the LR's on this application under O22 R4.
WHAT IS THE LEGAL POSITION.
Rgds
Devajyoti Barman
(Expert) 20 November 2012
The first son would be substituted in the place of his mother.
Advocate Bhartesh goyal
(Expert) 20 November 2012
Yes,court will allow first son's application and he would be substituted in place of his mother.
prabhakar singh
(Expert) 20 November 2012
All LRs of mother shall be substituted.
Dr J C Vashista
(Expert) 21 November 2012
Validity of GPA is during the pleasure and/or life time of the executor, thereafter law of succession operates and all LR's shall be entitled for their share and substitution.
Raj Kumar Makkad
(Expert) 28 November 2012
GPA holder has got no specific rights in his favour on the demise of testator/executor of GPA.
