Hello, Please find the case details bellow: My grand father had 5 children and he had some properties. Those properties was earned by himself. Due to some dispute between my elder uncle and the rest of our family, my grand-father did not give any property share to my elder uncle. And he stood strong in his decision and he wrote a VIL. My grand-father is no more and my father was attending this case till sept 2018 (because the rest of the family gave power to my father). In sept 2018, my father passed away and the power got cancelled. My mother, my sister and mysel are the legal hier of my father. But we live/work in France and we couldn't attend the case at every hearing. And we do not have any trustable person to give power to them. What is the alternative sollution? Thanks in adwance, M. Toto
Hello,
The legal heirs of the deceased person can only attend the case, otherwise or any other family member who gave power to father can fight the case.
The case will be heard ex parte in case the legal heirs do not file the impleadment application.
Regards
You can give a power of attorney to advocate or sign and send vakalatnama , the advocate shall represent you in the case and at stage of evidence if same is not completed you can come down to India for same.
1. In civil suit personal presence of the parties is not required on emery date and this applies to you as well.
2. So send your signed vakalatnana to your advocate and a petition seeking substitution of three of your names to place and stead of your father.
3. You can also any of your relatives present in India a POA on which basis he can represent you in court in the pending litigation.
If you people are not able to attend the court on the dates of hearing then you should authorise someone to represent you before court during your absence.
Your advocate will fight for your case but he cannot represent you during your absence.
Hence you should somehow manage to attend the court case on alternate dates by managing it with your advocate.
If you do not follow it up properly then there are chances that you may stand losing your case gradually.
If the case is civil in nature, then personal presence of victim/plaintiff is not necessary on every date of hearing. Advocate can attend the proceedings. Your presence is required only at the time of evidence.
You need to proceed with the help of lawyer no other way out.
You will join as additional parties (defendant or plaintiff) in the case and entrust a advocate for conducting the case. In civil suit personal presence of the parties is not necessary on every posting dates. You may come to court at the time of taking evidence. If you are not attend the court and give vakkalth to an advocate then all of you are called absent and set ex party at the beginning.
1) your lawyer can appear on your behalf
2) your personal presence woukd be necessary during trial
3) your personal presence is not required on each and every date
Dear Concerned,
HIRE A professional - with a special power of attorney / vakaltnama appoint a lawyer to represent your case. You would not need to come down for the case unless asked by the court.
Best of luck
1. If your father was a party to the suit then his legal heirs may file an application for bringing themselves on record as a legal heir so that they may step into the shoes of your father and continue the suit.
2. Now either the principals (those who had executed a power of attorney) can execute a fresh power of attorney in your favour or they may personally enter appearance.
Are you represented by a lawyer in the pending case?
If you don't have any trustable person in India then for every pleading which is required to be filed on your side in court, your lawyer will have to courier the same to you and you have to sign it before the notary public in your present country and send it back to your lawyer
This will be very cumbersome though
If you wish to avoid the above hassle then you can give a POA to your lawyer also
Just dont include power to sell or create third party rights
It would be a special power specific to pursuing the pending litigation
You can also not include a power to settle or compromise on your behalf in that power
If there is any scope for settlement then you can attend it personally so that you get the best deal
Now there could arise a technical issue if the litigating party is also grantor of power to lawyer who is representing the same party in court
In that case your lawyer can withdraw his authority as a lawyer and give NOC for filing of authority by another lawyer
So the litigating party will be represented by a lawyer in capacity of POA holder of former and the party will be represented by another lawyer
The above is only a possibility
Essentially a lawyer acts for the benefit of his client. So I do not see any reason why he also cannot be a POA holder for his client for the specific purpose of the litigation in which his client is a party
But courts are unpredictable, hence the above solution of having another lawyer represent you and your former lawyer can act as your POA holder
1) Either you sell your property or align the power to your family person who is staying here in India only legal proceedings POA and not property rights for selling and leave & license etc.
1. You have not mentioned as to what is the case your father was attending and who had filed the case against whom?
2. However, in case of the demise of your father, the petitioner (if the case has been filed against your father and his other siblings), then the said petitioner shall have to add the names of the legal heirs of your father.
3. Since your father was the POA holder of his other siblings, they shall have to issue POA in favour of another person to continue to contest the case whom you can also select to represent you.
4. If you can not attend the Court personally, you shall have to select a person to represent you in the Court and issue POA in his favour.
Dear Client,
Hire local advocate and sign vakalatnama. He will take care of case.
The property has to be divided among the remaining heirs of the grandfather. The case or the civil suit is going on. The legal counsel engaged in this case can be given a limited power of attorney so that he can conduct the case on your specific instructions and submit affidavits etc. As and when required.
Regards
