Hi. I live in USA and have given POA to an agent in India to deal with property which is in court case. I have included several clauses in POA so misuse could be prevented but still there might be chances if misuse. When the judge calls my agent for witness, if he gives wrong statements against me, do I lose the case immediately or will there be subsequent hearing before final judgment. What is the process generally? If anything against me is spoken by agent, how can I get update information since I have doubts on my lawyer also whether he is against me.
A PoA means that a peraon holding it is representing you in individual capacity and whatever he says or does in a court of law is the same as if you were present.
Now you have to choose a PoA very carefully. There will be mo subsequent hearing again.
You should have appointed a trustworthy person. Anyways either withdraw the PoA or appoint another person who goes along with the PoA and reports the proceedings.
POA does not have personal knowledge of the facts of case
you have to come down to India to give evidence
you would be subject to cross examination
court pronounces judgment after hearing arguments of the parties
If his evidence is recorded then you need to take steps after he gives any statement against you. Only after that final orders will be passed
If you have authorised your power agent to depose evidence on your behalf then you cannot deny the responsibility nor the liability created therein.
If you suspect the integrity of yor power agent then you may better cancel the power given to your agent and arrange for alternative arrangement in this regard.
If you suspect the integrity of your lawyer too, then it would be better that you change your lawyer too.
- Since, you have given the POA to him for deposing and appearing before the court on your behalf , then you cannot challenge the statements given by him in evidence .
- Hence, if you having any doubt on him, then you can cancel the POA given to him.
- If you are unable to appear before the court personally for giving evidence, then better instruct him all the contents which you wanted to depose before the court.
If you suspect any foul play by your power agent, you may revoke the PoA at any time and arrange to inform the court accordingly. You may change your lawyer if you doubt he is colluding with the power agent.
Dear Client,
You have to take certified copies of the statements made in the honorable court by POA through another local lawyer.
Dear Client,
Due to this covid situation, all the courts have resorted to virtual hearings. So, you can just be present at your hearing virtually. As for the POA it is advisable to review your POA from a good lawyer.
Thank you
Thank you for comments. Ajay Sethi sir and Prashanth Nayak sir - as I am understanding from various comments 1. I cannot challenge the statements made by the the agent in evidence. 2. I need to hire another lawyer to supervise and get submitted evidences. 3. Final decision will be passed only after hearing directly from me. What is your final and crisp advise sir? I do not have any trustworthy person who is willing to accept POA. How to make this work only with this agent..
Ask your lawyer to send by email or what’s app what happened on each date
if any order has been passed by trial court ask for copy of order
For detail advice I need to know all the facts. If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
- As per procedure , before evidence there is requirement of filing an Affidavit by way of Evidence by the witness.
- Hence, before filing the said affidavit in the court , you can ask the agent to send you the same via mail etc. and after reading the same you can instruct him .
- The said affidavit is a boundation to give evidence in the court.
You need to either trust your power agent or cancel the PoA and appoint someone else.
1. a POA holder cannot give any evidence on behalf of his principal/grantor
2. a POA holder can depose only of what is within his own personal knowledge
3. you can directly enter the witness box and give your evidence
4. if you have doubts against your lawyer, then please discharge him and engage another honest lawyer
5. if you have doubts against your constituted attorney, i.e. your POA holder, then nothing stops you from revoking the POA
6. Final decision will be passed based on the pleadings of the parties, evidence produced by them, and final aguments
7. if you do not appear as a witness then you can bring up other witnesses who can depose in the Court in support of your case
You may have to look for a trust worthy person to act as your power agent and you may have to instruct him strictly about the task to be undertaken by him in this regard.
The court will not require you to depose evidence if your power agent is doing that task on your behalf.