GPA irrevocable
naveenraj jain
(Querist) 20 July 2014
This query is : Resolved
Respected experts
Mr.A held GPA irrevocable from his family members to appear in court, to sign documents and few other acts except sell for a particular property.
This GPA was produced in a court case and later Mr.A lost the battle.
Now on same cause of action all the family members together with GPA holder have lodged a case against the same opponent.
Is it possible that the said irrevocable GPA its lost value.
Dr J C Vashista
(Expert) 21 July 2014
Conceptually GPA is revocable at the sweet will of grantor and expires with the life of executor/grantor except when it is clubbed with consideration and tagged with a Will of grantor/executor in favour of the agent/attorney.
Show the documents to your lawyer. GPA is subsisting during the life time of executor/grantor.
Devajyoti Barman
(Expert) 21 July 2014
It should not though contents of the same will determine the issue at hand.
'Irrevocable' is a loosely drafted word used in GPA having a varied meaning dependning on circumstances.
naveenraj jain
(Querist) 21 July 2014
Thank you sirs. Then can the GPA still be used in other departments and not in others-use as the executors wish
ajay sethi
(Expert) 21 July 2014
GPA can be used as it has not been revoked
Rajendra K Goyal
(Expert) 21 July 2014
Consult a local lawyer and show him the case file including GPA. The issues in the lost case and language of GPA need to be referred.
T. Kalaiselvan, Advocate
(Expert) 23 July 2014
The GPA will stand revoked just after losing the case, it will stand good until the principal decides to revoke it or the principal is no more surviving. If the GPA contents permit the holder to act on behalf of his principal on other issues through specifications in the deed, it may very well be held as valid and all such acts ratified by the principal subsequently. However, consult a local lawyer and get his further opinion by producing the deed before him.
M V Gupta
(Expert) 23 July 2014
GPA is generally for many acts and deeds to be done on behalf of the grantor. Hence it does not lapse after the agent has exercised one of the powers contained in it. GPA lapses only if it is revoked by the grantor or the grantor dies. Hence the GPA holder can join the family members in the action proposed to be taken by them.
