Civil Procedure Code (CPC)

Want to know gpa validity


Hi ,

My wife along with her 2 sisters have given GPA to her uncel( regarding a property which is in court)

GPA states he has all rights to attend court hearing and proceedings.He also has rights to sell the property and its non-cancellable.

Now one of the sister is expired ,wil GPA still be valid .Or should we create a new one?

 
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Advocate

incase the executor expires then the validity of the power of attorney stands cancelled immediately. you need to give fresh power of attorney. but never make it irrevocable as you are taking a big risk. Make it revocable power of attorney and also keep a validity period of the power of attorney.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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Thanks Rohit , But i wanted to know that out of 3 one is expired . So will GPA loose its validity?

 
Reply   
 
Advocate

yes you need to execute a fresh power of attorney as one of the executor has expired. therefore, it has become an invalid power of attorney.

 

Since, three persons had given power of attorney out of whom one has expired, therefore if the document is produced before the third party, the said party might not be aware of the death of the one executor and could be misused.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

 
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