In my SUCCESSION case, there are 3 respondents. Two of my respondents have given a GPA and SPA to their daughter/niece and made her the attorney. The GPA is with an oath but it is merely notarized. The GPA is not within jurisdiction. The GPA has false fabricated information for which I have legal proofs in the form of certified documentary court copies. Is it legally allowed and correct if my advocate questions the attorney by seeking permission from the judge? My advocate is saying because the do called attorney has not submitted any chief or statement along with the GPA, he can not cross question her. Is that true?

Detailed Legal Analysis

Yes, your advocate can question the attorney by seeking permission from the judge, but the legal process depends on the submissions made and the applicable laws regarding powers of attorney in India.

In the context of succession cases, the following points are essential to consider:

• General Power of Attorney (GPA): Under the Indian Contract Act, 1872, a GPA is a legal document that allows one person (the principal) to authorize another (the agent) to act on their behalf. However, the legitimacy of a GPA can be challenged if it has defects.
• Jurisdiction Issues: If the GPA is executed outside the jurisdiction of the court where the succession case is pending, it may be questioned for validity. Section 2(g) of the Registration Act, 1908 emphasizes the necessity of proper registration for certain documents, which may include GPA if it involves immovable property.
• Oath and Notarization: A notarized GPA with an oath does not equate to being legally binding if it contains false information. If you have evidence, such as certified court documents proving the falsity of the information, this can be a basis for contesting the GPA.
• Cross-Examination Rights: Your advocate's claim that the attorney cannot be cross-examined due to the absence of a chief statement may have merit. According to the Indian Evidence Act, 1872, a witness (or attorney, in this case) must provide a statement to be cross-examined effectively. However, seeking permission from the court to question the attorney based on the GPA's questionable legitimacy is a valid course of action.
• Legal Position: According to Section 118 of the Indian Evidence Act, 1872, the court has discretion in allowing cross-examination. If your advocate argues that the GPA is based on falsehoods, the court may permit the questioning of the attorney to clarify these issues.

In conclusion, while your advocate's assertion about the lack of a chief statement is significant, it does not preclude the possibility of challenging the attorney's authority based on the GPA's validity and the evidence you possess. It is advisable to consult with your advocate to explore the best legal strategy to address these issues in court.