Suggestion regarding revokation of GPA
3 years ago
Dear sir,
I need your suggestion.
Actually my father along with three other principal empowered a agent to take legal action for the same property through a single GPA on 22 sep 2020.
Thus , the GPA has four principal and single agent.
Presently my father is not interested to have the agent for the same. But, Unfortunately , other principal are not ready to revoke the same.
Therefore , I need your suggestion regarding :-
1. Is it revokable by any of the principal? i.e , can my father revoke the same alone? Can other principal objection for revoke the same .
2. Is my father still able to take legal action and execute for the same if it has not revoked ? Or my father's power is seized for the same after GPA .
I, therefore , Kindly request you to suggest for same .
The GPA consists of following clauses:-
Whereas We are personally unable to look after and mannage our lands and hence our attorney is empowered as under:
1. To appear and act in all courts civil, criminal,registration office, circle office, settle- ment office or any other Govt. or semi Govt. office in connection with our lands.
2. To Sign. Verify and file any plaints, written statements, petitions, claims objetions, memorandum of appeal and file the same in any court or office and present the same in any court or offices.
3. To appoint on our behalf any pleader, Advocate, revenue agent or any other legal practionaer, whenever our said attorney things proper to do so.
4. To Sign. Execute and present any document or documents before registering authority on the behalf of principal.
5. To Sign. Execute and present any document or documents before register authority or registration any sale deed of document duly executed by my said attorney on our behalf and to admit execution there of.
*6. And also through this power of attorney possesion has notbeen given in the power of attorney.
*7. Be it expressly stated that this power of attorney does not constitutes any type of transaction and also excuted by principal without any consideration.
*8. Therefore also declared and admited by the agent that total amount of considereti by the sale of above property deposite in the bank A/C of princjpal by the agent.
9. There is no any type of construction or development works will be done by the agent.
Please be note the stared points.
Kindly reply and suggest for the same.
Hopefully you will reply and suggest for the same ASAP.
Thanks & Regards
Chandan
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Generally, the principal has the right to terminate the Power of Attorney whenever he wills to do so. Some of the conditions for revocation are ( by virtue of Section 201 of the Indian Contract Act, 1872):
1. The ‘Principal’ wants to revoke the ‘POA’ granted to the ‘Agent’.
2. Either of the ‘Principal’ or ‘Agent’ become unsound.
3. Either of the ‘Principal’ or ‘Agent’ are declared to be insolvent by a competent court of law having
jurisdiction.
4. The holder of the ‘POA’ wants to renounce or give away his powers.
5. The purpose for the execution of such ‘POA’ is completed.
6. Situations where there is ‘Implied Revocation’ mentioned in the terms of such ‘POA’ executed between the parties.
However, as there are 4 principles involved in your case, it seems that revocation cannot be done with the consent of one principal only.
Generally, the principal has the right to terminate the Power of Attorney whenever he wills to do so. Some of the conditions for revocation are ( by virtue of Section 201 of the Indian Contract Act, 1872):
1.If the principal revokes the Power of Attorney granted to the agent.
2.If either the principal or the Power of Attorney holder or both become unsound of mind, die or is/are adjudicated as insolvent by the court.
3.If the Power of Attorney holder renounces his powers.
4.If the business for which the Power of Attorney was granted gets completed.
Power of Attorney may also be revoked if there is an implied revocation of the Power of Attorney or in case of time barred agency, the term of the Power of Attorney expires.
Rameshwar Dadhe
Responded 3 years ago
My answers are as follows:
1. Is it revokable by any of the principal? i.e , can my father revoke the same alone? Can other principal objection for revoke the same .
Ans: If one of the principal wanted to revoke GPA he can do so by issuing a legal notice and releasing paper notification.
2. Is my father still able to take legal action and execute for the same if it has not revoked ? Or my father's power is seized for the same after GPA
Ans: If your father issue such notification and newspaper advertisement and then the validity of GPA will be void and the agent cannot act upon such invalid GPA.
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