Is this valid GPA to GPA Is this valid GPA to GPA

8 months ago

Developer who is having DCGPA holder given GPA to welfare Association to deal project related issues and authorisation for sale deed registration for the same property. Is the GPA is valid seeking opinion

Anik

Responded 8 months ago

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A.Dear client,
A GPA holder may not grant another GPA on the same property or for the same purpose. It is not legally binding. In general, an attorney cannot appoint another attorney since the law prohibits it. Without the authorization of the principal, such delegation of power has no legs to stand on unless later ratified by the principal by words or actions. It is permitted if the original GPA includes a provision for the appointment of additional solicitors.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
A GPA holder cannot execute a GPA to another person on the same property or for the same reason. It is not valid in law. Generally, an attorney cannot appoint an attorney as it is barred by law. Without the permission of the principal such delegation of power has no legs to stand unless later the principal by words or acts ratifies such delegation. If the provision for the appointment of further attorney exists in the original GPA then it is permissible.
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Vidhi Samaadhaan Vidhi Samaadhaan

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