Oppose power of attorney in civil case
senthil
(Querist) 04 December 2014
This query is : Resolved
For a property rights my relative was joined with a real estate broker and filed a civil case against us in district court.
my relative and real estate broker are not relatives. they are from different city. my relative is 70 years old.
so, the real estate broker playing the main role in the case by creating fabricated documents and evidences
my lawyer was planned to prove these things as fake when cross examine my relative.
but now the real estate broker submitting a power of attorney from my relative and trying to attend all the trails behalf of him by showing age factor
please help me on this
how to stop him to attend the trails behalf of my relative. Because i am damn sure he will complicate the case furthur.
In this case my relative's personal life is also involved. about his late wife and his second marriage,.. How POA's answer can be taken as genuine?
Sailesh Kumar Shah
(Expert) 04 December 2014
make an application to the court for personal appearance of your relative instead of power of attorney's holder.
Devajyoti Barman
(Expert) 04 December 2014
He can not represent the principal during evidence unless he has the personal knowledge about the dispute.
senthil
(Querist) 05 December 2014
Barman Sir, i can understand your point but sorry sir, i feel it will be better to stop him at this point.
because my relative is completely normal, he is in the stage of attending any enquirers but purposely they are bringing this real estate guy in this case.
that real estate guy looks like a professional in filing fake civil cases and criminal cases by fabricated evidences and documents.
P. Venu
(Expert) 05 December 2014
The POA cannot be prevented from deposing except on matters which are personal to your relative. However, do not attribute supernatural powers to the POA. A professional cross examination can make him spill the beans.
ajay sethi
(Expert) 05 December 2014
agree with experts
T. Kalaiselvan, Advocate
(Expert) 09 December 2014
You cannot stop a POA representing his principal in the court, but while deposing evidence, if he claims innocence of the personal information about his principal, you may use this as a weapon to stop him from deposing the evidence on behalf of his principal. Your lawyer will be the better judge of the prevailing situation, follow it up closely with him.
senthil
(Querist) 16 December 2014
Thanks experts,
Based on your reply i approached my lawyer and we filed a counter statement to oppose the POA.
Court has accepted our statement and rejected the POA.
Now my relative has to face the trail with out POA...
