Suit for partition

inderjeet (Querist) 19 January 2018 This query is : Resolved
I was given general power of attorney by my brother. Suit for partition pending in court and counsel for defendant in cross examination pointed that my brother has not given authorise me for witness.

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J K Agrawal (Expert) 19 January 2018
Even though he had authorized you, it was not possible to depose on behalf of him. You can depose in court for only those facts which are within your knowledge. For this no authorization required but this evidence is by you and not by your brother or on behalf of your brother.

The authority letter required only in matter where a company or statutory body is party who is not a natural person.

BAALASUBRAMANNYAMM (Expert) 20 January 2018
Agreed with Mr. J.K. Agrawal.

Guest (Expert) 20 January 2018
Depends upon the language of the GPA. That may be rechecked or got examined appropriately from your lawyer.

Dr J C Vashista (Expert) 20 January 2018
Let him verify the facts/documents submitted by you in your evidence, it is his right.

T. Kalaiselvan, Advocate (Expert) 25 January 2018
The party to the suit should be present before court to depose his side evidence.
The GPA can only represent during the absence of the party to suit.

inderjeet (Querist) 27 January 2018
But my brother is presently abroad and I am contesting the case.

T. Kalaiselvan, Advocate (Expert) 28 January 2018
The POA deed is given only to represent the party in the court by the power agent and not to depose evidence on behalf of the party to suit.
If he is there in abroad and would not be able to travel to India for evidence, he may depose evidence from abroad through video conferencing also.

J K Agrawal (Expert) 29 January 2018
You can file documents in court and can exhibit these if you were present at the time of execution of document.
Otherwise you can say 'this document given to me by my brother, i present before the Court'.
You can depose about those facts which you seen or you heard or you perceive.