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General Legal Query India · 20 Jul 2025 · 9 views

In my SUCCESSION case out of my 3 respondents, 2 of them have given authority that is GPA and SPA to an attorney. My SUCCESSION case is now on the final arguments stage. The GPA is just notarized and not registered. The GPA is out of the case jurisdiction. The GPA has false, fabricated contents. The executor of the GPA is not the principal. The principal whose descendant, the executor of the GPA is, is deceased. The principal never gave any authority to the executor to further execute any GPA and so on. Is it necessary for my advocate to question the attorney designated some questions regarding the GPA? Under which order and rule does it say that I as an advocate can request the court to grant me permission to question the attorney, that is under which ORDER and RULE? Is it appropriate to question the attorney at the arguments stage so as to show the admissibility and the authenticity of the GPA?

AN Asked by Anamika Arora from India

Legal Information

Below is a comprehensive legal analysis based on Indian law for your question.

In your case, since the GPA is a crucial document being relied upon by the respondents, it is essential to question the attorney who was designated in order to establish the admissibility and authenticity of the GPA. It is important to highlight the false and fabricated contents of the GPA and the lack of authority of the executor to execute such a document if these facts are relevant to the case.

Under Indian law, the relevant provision that allows for questioning of witnesses would be found in the Code of Civil Procedure, 1908 (CPC). Order XVIII Rule 6 of the CPC deals with the power of the Court to put questions or order production. This rule allows the Court to ask any party's witness any question that the Court thinks fit. Therefore, your advocate can request the Court to grant permission to question the attorney under this provision.

It is indeed appropriate to question the attorney during the final arguments stage in order to establish the veracity of the GPA and to raise doubts about its authenticity. This will help in presenting a strong case to challenge the validity of the GPA. Your advocate can request the court to allow questioning of the attorney to bring out the discrepancies and lack of authority in the execution of the GPA.

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.