• Power of attorney to my mother to proceed the case

Dear sir,
We have join family property of 1.4 acres in home town for the member 4 brothers. 1 is living other 3 of them no more. all varisus are in position. 

One of my father's brothers applied to court to divide the property. it is being acceped and given number and vaidha on 7th April.

i am son of 3rd brother in the family. After my father death myself, mother and my sister coming as a varisu ( because my father death was unexpected hence no ooil ( i am not sure the correct name in english) was prepared by my father.

 i have got an offer to travel to Germany during 3rd week of this month; hence i may not be available during the course of case running until the divide happen.

Question:
In this case is it possible to give power of attorney to my mother to proceed the case and smoothy complete the formality. 
Among brothers we have mutually agreed to divide the land and partitioned. Hence there would be any conflict during the process.
Please advise the possibility of providing power of attorney to mother in this situation. 

i have no other way to postpone my trip.

Looking for your support. Thanks.
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

1. Yes, she can represent you on the basis of the POA preferably a registered one.

2. The co sharers can always mutually agree to divide the joint proeprty amicably through registered deed of partition.

3. So mother can be a competent POA holder.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) you can execute POA in favour of mother to act on your behalf

2) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Since it is a civil case you are anyways not required to appear before the court on every date. Your personal presence in the court is required only at the stage of recording of evidence, whereas on all other hearings the presence of your lawyer shall suffice. Be that as it may, you are free to execute a registered GPA in favour of your mother to authorize her to appear in the court on your behalf.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) your mother can act on your behalf

2) POA executed by you in favour of mother should be attested before Indian consulate

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. It appears that the partition suit has been filed by one of your demised father's brother.

2. You as well as all the legal heirs of your father should execute a POA in favour of your mother or anybody else to represent you all in the said partition suit filed by your uncle.

3. After the said property is divided and yo get your father's share of the said partitioned property, all the legal heirs of your father can now partition the said share amongst yourself and register the said partition deed.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Your grandfather's said property will be partitioned amongst all his legal heirs including your deceased father.

2. The share of your deceased father will be equally inherited by all his legal heirs including your mother.

3. Your mother can represent all tye legal heis of your deceased father in the said partition suit filed by your uncle.

4. fter your father's share is partitioned and divided with metes and bounds, all the legal heirs of your deceased father can amicably execute and register a partition deed diving the bsaid share amongst yourselves.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

If the property is being divided by the court then the decree of the court will be the charter of rights. After the decree is drawn up the parties can apply for mutation. Your mother is free to act for and on your behalf if you execute a GPA in her favour.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

In this case is it possible to give power of attorney to my mother to proceed the case and smoothy complete the formality.

Among brothers we have mutually agreed to divide the land and partitioned. Hence there would be any conflict during the process.

Please advise the possibility of providing power of attorney to mother in this situation.

Yes you can give power of attorney deed in favor of your mother to represent you in your absence.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

as we are going to divide the proporty via court i hope it will be registed deed of partition. in such a case my mother can act on behalf of me in addtion to her share part. am i right sir?

If all shareholders agree for amicable partition then the partition deed can be drawn as per the conditions agreed and get it registered, this will help to avoid court and prolonged case.

Your mother on the basis of registered power of attorney deed, can very well represent you everywhere she has been authorised in the deed.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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