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Adv.Mahendra Vairagade (lawyer)     09 May 2016

Can power of attorney of owner of vehicle get possession

Dear all,

can a power of attorney of  a vehicle owner ask for possession of vehicle under section 457 of CRPC.The said vehicle was seized by police in a offence? Said applicaton is filed before JMFC,now he is asking for HC or SC rullings?

The owner is unable to come in court due to old age.

pls give any citation,case law.thank you in advance. 



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 1 Replies

G.L.N. Prasad (Retired employee.)     10 May 2016

Every thing depends on understanding.  When there is duly notarised power of attorney, and if the authorities doubt, they may come and deliver possession to the real owner, considering his inability to come due to his advanced old age.  THey may even charge for those expenses.  What they want is bonafide certificate that the vehicle was delivered, and they may get witness signatures of 5 persons who are present at the time of delivery.  There may be some other intentions in demanding such unnecessary citations.  The delivery can be sought through Court also by filing petition.  (The contents of POA are also material, and that specific purpose of delivery of the vehicle must be reflecting with such Reg.No of vehicle.  If it is not there another notarised POA may be obtained for this specific purpose)


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