General Power of Attorney
Querist :
Anonymous
(Querist) 02 March 2010
This query is : Resolved
Dear Sir,
A person "P" has entered into sale agreement to buy a flat with a builder "B" in the state of "KA".
But due to some litigation between "B" and landowner "L", the flat has not been registered."P" filed a complaint against "B" in consumer forum and its proceeding now.
Now "P" has to relocate to UK on multi year job assignment."P" wants to give GPA to his father "F" ,who is residing in another state "AP",mainly to deal with the case and also to take care of his property/investments in "KA" and in "AP".
I want to know what are the limitations of this GPA.Like if "B" knowingly that "P" is out of country,files civil/criminal complaints(just to harass or delay the consumer proceedings or to threaten us to come to a compromise on his terms),can GPA holder "F" appear and contest on behalf of "P" as its not practical for "P" to come down and contest on his own?
Please let me know
A V Vishal
(Expert) 02 March 2010
GPA is a legal document that, when properly executed, gives one person (the agent) full legal authority to act on behalf of another (the principal). The scope of the document can be as broad or narrow as you desire as defined in the document. A general power of attorney becomes invalid when the principal or the agent dies or becomes incompetent
Guest
(Expert) 02 March 2010
GPA is effective only in civil cases, but in criminal cases accused shall appear personally in court. But even in criminal cases, advocate for accused may get court permission u/s.205 cr.p.c. to appear on behalf of accused.
Querist :
Anonymous
(Querist) 02 March 2010
Dear Sir,
Thanks for the details. few more questions.
1.In case of the criminal case filed against "P" after GPA is executed and after "P" leaves the country, on whose name notices/summons will be sent? GPA holder or "P"?
2. Does the GPA given in "KA" valid in "AP" and vice versa? Because "P" permanent residence is "KA" while "F" permanent address is in "AP".
3.Does GPA needs to be registered?
Ashok Yadav
(Expert) 03 March 2010
1. If criminal case is filed against P then notice or summons will be sent in name of P only, because GPA is not valid in criminal case, a GPA holder can not appear in criminal proceedings on behalf of accused.
2. GPA is valid all over INDIA.
3. It should be regd. if u are using it in case of Regn. of flat etc. Because unregd. GPA is not valid for the purpose of regn. of immovable property.
Querist :
Anonymous
(Querist) 03 March 2010
Dear Sir,
Thanks for the details.
further regarding the point 1
Can GPA holder appoint an advocate on behalf of "P" and advocate in turn get court permission to appear on behalf of "P"?
Raj Kumar Makkad
(Expert) 03 March 2010
Yes. Advocate can also be appointed as GPA and he can perform all acts as mentioned therein.
