Validity of gpa

Naveen Kanth Dasari (Querist) 10 September 2015 This query is : Resolved
Hello Experts,
I have a query regarding the Validity of GPA.
A suit has been instituted for Eviction of the Tenant on 04.06.2014, and as the Plaintiff was an old man suffering with age old aliments, he has given GPA in favor of his Wife in respect to the Suit Schedule Property to appoint Advocates and deal with the case in getting it clear from all sorts of litigation and also to attend courts, file suits, and attend all the revenue offices in respect to the suit schedule property.
Now after institution of the suit for eviction by the GPA holder the Plaintiff died intestate in the month of September 2014 leaving behind his wife and son as the legal heirs, but the same was not intimated to the court and no LR petition has been filed till date or even the death certificate of the Plaintiff has not been filed in the court (because she has instituted the suit) and the GPA holder is still fighting the case as she is the GPA and moreover she is the wife of the Plaintiff and on the last date the GPA (wife) has filed her Chief Affidavit for her Chief Examination.
Now the point is:
1. Is the GPA valid even after the death of the Executant?
2. Does the wife has the right to continue the suit as she is on the record and as she has instituted the suit and apart from being GPA she is also the wife?
please give me suggestion and any citations if any.

Thank You.

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Guest (Expert) 10 September 2015
It Should be Informed to the Court about the Demise of Power of Attorney and Your Self Could Continue with the Case as the Actual Petitioner.Request Your Advocate to Submit A Letter To the Court that the Case To be Completed at the Earliest Since Even the Wife the POA in the Case Had Demised Due to Age and the Petitioner is a Senior citizen with Sickness.Discuss in Detail with your Advocate.Citation Not Required at this Stage.

Naveen Kanth Dasari (Querist) 10 September 2015
Sir the Wife is the GPA and the husband is the Plaintiff and husband is dead not the wife. Wife is still continuing the case but she has not filed the LR petition or even the death certificate of her husband in the court

Guest (Expert) 11 September 2015
GPA will not be Valid after the Demise of Executant.It should be Informed to the Court.Proper Legal Heir Certificate to be Obtained.Mean while all the Legal Heirs Could File an Affidavit in the Court Regarding the Same and The Wife Could Continue the Case as Legal Heir Authorised by Other Legal Heirs.Consult Your Advocate.

Rajendra K Goyal (Expert) 11 September 2015
1. GPA comes to an end on the demise of the principal.
2. Wife, being a legal heir of the disputed property can continue with the case.

T. Kalaiselvan, Advocate (Expert) 19 September 2015
The GPA becomes infructuous hence she cannot continue as a GPA. Now since the suit stands abated, she has to file memo intimating her husband/plaintiff's death along with an application to implead LRs of the deceased plaintiff under Order 22 Rule 3 of CPC as well as to set aside abatement under Order 33 R9 and also a petition under section 5 of limitation act to condone delay in filing the abatement and LR implead petition.
Consult your advocate on further issues.

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