Can c.a of defendant sign on vakalatnama?
niky......
(Querist) 27 January 2016
This query is : Resolved
Hi,
I am the defendant's C.A (son) and I am only going to court and signing all the documents for the case.
Recently i am appointing a new lawyer, and the lawyer is insisting that Defendant only has to sing the Vakalatnaama, although i am C.A of Defendant i cannot?
Defendant is very old to go to court so I only handle all things till date. My sign on vakalatnama should also work right?
Please guide. Thank you.
Anirudh
(Expert) 27 January 2016
You say that you are a C.A.
I take it that you will be able to appreciate the legal position.
Your father is a separate entity and you are a separate entity.
If your father is a party to a case, it is he who has do to things like appointing a lawyer (Vakalatnama) etc., and not you.
Your lawyer is absolutely right, in what he has told you.
If your father is very old and is not in a position to go to court, or sign papers etc., then in that case, the best way is to get a Power of Attorney from your father authorising YOU to do acts, deeds and things in regard to the case, for and on his behalf.
Therefore get a proper General Power of Attorney from your father in your favour to deal with the case (including engaging lawyer etc.) for and on his behalf. Once this is done, you will be in a position on the basis of the GPA in your hands, to sign the Vakalatnama, Affidavit etc. Otherwise certainly NOT.
niky......
(Querist) 27 January 2016
Thank you for explaining the rational.
Rajendra K Goyal
(Expert) 27 January 2016
You can not sign Vakalatnama on behalf of your father. Position does not alter being son or you are dealing all his matters.
