In my SUCCESSION case, My respondents are not proved legal heirs of their deceased mother who was my deceased defendant. They have given a GPA and a SPA to their daughter cum niece. Mother gave the SPA. MOTHER'S SISTER gave GPA to the same daughter alias her niece. Do both of them have the authority to execute the GPA and the SPA? MY deceased defendant never gave any authority or GPA to the 2 respondents of mine in succession case. Now, the GPA, SPA has further given a joint statement with the opposite councel, that it is my DAVA as a Petitioner that they should be given half the share in the succession case. This is a false statement on part of the GPA, SPA and the opposite councel. Is this GPA, SPA maintainable?

In the scenario described, it is essential to first establish whether the respondents have the authority to execute the GPA and SPA.

In general, a General Power of Attorney (GPA) and Special Power of Attorney (SPA) are legal documents that authorize an individual to act on behalf of another person in various legal matters. However, the authority to execute these documents must be granted by the principal (the person who is giving the authority). In this case, you have mentioned that your deceased defendant did not give any authority or GPA to the respondents.

Given this fact, the GPA and SPA executed by the respondents may not be valid if they do not have the requisite authority from the deceased defendant. If no valid authority exists, then any actions taken by the respondents on behalf of the deceased defendant may be legally questionable.

Furthermore, if the GPA and SPA holders are making false statements or misrepresentations in court proceedings, such as falsely claiming that the deceased defendant wished for them to receive a share in the succession case when no such authority was granted, it could constitute fraud or misrepresentation.

Therefore, it is advisable to challenge the validity of the GPA, SPA, and the joint statement made by the respondents and their counsel in court. You may consider raising objections and seeking appropriate legal remedies to address these issues and protect your interests in the succession case. It would be crucial to consult with a legal expert specializing in Indian laws, especially in matters concerning succession and powers of attorney, to guide you on the specific legal steps to take in this situation.