TWO GPA
Arvind Singh Chauhan
(Querist) 28 October 2010
This query is : Resolved
"A" gives notarized GPA to "B" for litigation in 2007. Later "A" gives registered GPA to "C" for the same purpose in 2008, but did not cancel earlier GPA. Later "B" file a suit on behalf of "A" against "C". Now "A" is with "C".
What must be the result of the suit filed by "B" against "C". Whether "b" can take advantage of non revocation of earlier GPA. There are property disputes.
Raj Kumar Makkad
(Expert) 28 October 2010
If A has not got cancelled his earlier GPA favouring B then all acts done on the part of B shall be treated as valid and A shall have got no right to challenge those acts once earlier GPA is found legal.
R.Ramachandran
(Expert) 28 October 2010
In case "A" does not wish to proceed with the suit filed by "B" on behalf of "A" against "C", "A" can even now cancel the GPA granted to "B" and straight away file an application to the Court withdrawing the suit against "C". There should not be any problem.
Devajyoti Barman
(Expert) 28 October 2010
The suggestion of Mr Ramachandran is right but the problem would be if the POA was such that the agent has got interest in it and on the strength of the power he also exercised his rights then such POA can not be canceled at the will of the principal.
R.Ramachandran
(Expert) 29 October 2010
I totally agree with Mr. Devajyoti. But Mr. Arvind has clearly said that Agent "B" has filed the suit on behalf of "A" against "C".
s.subramanian
(Expert) 29 October 2010
The execution of the registered POA in favour C by A amounts to revocation of the PoA in favour of B. Since under Sec.3 of the Transfer of Property Act, registration of a deed amounts to constructive notice to the whole world. The law presumes that B has notice of the PoA in favour of C. Hence the PoA in favour of B gets automatically revoked even though no specific notice of revocation is sent to B. B cannot act on behalf of A anymore. The filing of the suit also is improper and incompetent. C can approach the court on behalf of A and seek the dismissal of the suit as incompetent.
pawan sharma
(Expert) 29 October 2010
i.this Q is not clear?
if the A execute the GPA in favour of B as notarized, for litigation in 2007 and after one year A gives registered GPA to C for the same purpose, but he did not cancel earlier GPA, the registerd GPA has overseed to Notarized GPA bcz b file the litigation against C after Reg.GPA.
Q.What must be the result of the suit filed by "B" against "C". Whether "b" can take advantage of non revocation of earlier GPA. There are property disputes.
A. Both are use the power of A so B can not take the advantage of Revocation against the A.
Arvind Singh Chauhan
(Querist) 29 October 2010
Thanks to all learned members for logically sharing my problem. Please cite the law or judgment if any in favour of "C".
Sri Vijayan.A
(Expert) 04 November 2010
1.In my view, Mr.R.Ramachandran is right.
2.The power is not GPA and specific for Litigation only.
3.The validity of Earlier POA depends on the content of the later POA.
4. One can appoint more than one agent vide a same document or different documents.
5.In all the cases, in all appointments, the Principal is the Supremo.
6. In the suit filed, B represents A.
7. So A can decide to continue the suit or not.
8.The agent may not get any interest over the property from the ordinary POA notarised.
9. The GPA for appointing an agent/ attorney for CONSIDERATION has to be registered which requires higher stamp duty and registration fee. There an agent may get considerable interest becoz of the consideration he paid.
In light of the above, I feel and opine Mr.Ramachandran is right
