Powere of attorney

Querist : Anonymous (Querist) 20 December 2011 This query is : Resolved
IN A CIVIL DISPUTE CASE, MY WIFE FILED A W.P IN THE HIGH COURT WHO MADE AN ILLEGAL CONSTRUCTYON BY EXTENDING THEIR FLAT INTO COMMON AREA.
THE PARTY WHO HAS DONE THIS OFFENCE HAS FILED AN OS IN THE CITY CIVIL COURTS AGAINST THE MUNCIPAL CORPORATION WHICH IS STILL PENDING.
CAN I, AS HER HUSBAND IMPLEAD IN THE OS TAKING A POWER OF ATTORNEY.

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Raj Kumar Makkad (Expert) 21 December 2011
Yes. Your POA should ne got registered with registrar and on that basis, you can represent your wife in all litigations.

R.Ranganathan (Expert) 21 December 2011
You can act as the POA of your wife but the same has to be registered as per law.

Devajyoti Barman (Expert) 21 December 2011
Yes you on the basis of that POA represent her in any number of suits you need. There is no bar.
But did that person omit your wife in the OS?

Querist : Anonymous (Querist) 21 December 2011
yes the person has omitted her name in the os.

Shailesh Kr. Shah (Expert) 21 December 2011
yes,with poa, you can.

Deepak Nair (Expert) 21 December 2011
Hi, I too endorse the views of the experts

DEFENSE ADVOCATE.-firmaction@g (Expert) 21 December 2011
POA has limited scope , since donee can not enter into the shoes of principal. The provisions of evidence act particularly section 60 will prevail.That is you can depose for acts done by you after grant of POA and nothing more.

prabhakar singh (Expert) 22 December 2011
Yes!Experts are right.A POA can seek impleadment in a suit of his wife and i suppose Dear JSDN,section 60 Evidence Act must not come as hurdle in this particular case as husband with relation to facts to be deposed in the case could depose very well without any risk of here say evidence as his all evidence would be as much direct as that of his wife.

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