Introduction:

The Andhra Pradesh High Court recently concluded a case involving the dismissal of a petitioner’s challenge against a General Power of Attorney (GPA) executed 22 years ago. The petitioner alleged coercion in executing the GPA to clear a debt owed by his brother-in-law, seeking the court’s intervention for declaration and perpetual injunction. However, the court took an adverse view of the delay in approaching the judiciary and the petitioner’s silence for over two decades despite the registered document.

Arguments:

The petitioner claimed coercion and force in executing the GPA to clear a debt owed by his brother-in-law. He alleged discrepancies in the respondents’ capacity to repay and challenged their version regarding the mode of payment. Conversely, the respondents contended that the petitioner voluntarily executed the GPA, emphasizing the lack of objection or challenge from the petitioner for 22 years. They also argued that the property transfer was legitimate and carried out for a valid consideration.

Court’s Decision:

Justice A.V. Ravindra Babu dismissed the case, questioning the petitioner’s delay in challenging the GPA after 22 years, despite being an educated individual and the document being registered. The court found the petitioner’s inaction inconsistent with that of a prudent person. It emphasized that the petitioner’s silence for over two decades weakened his claim of coercion. Additionally, the court noted that discrepancies in the respondents’ evidence regarding payment mode were insufficient grounds to discredit their case, especially when the petitioner failed to establish coercion or fraud in executing the GPA.