Partion suit

Querist : Anonymous (Querist) 06 February 2010 This query is : Resolved
Lrnd. Experts,
My father is four brothers, and partition suit is going on. My father is defendant no-3. Due to his age he rarely moves. can I the youngest son depose on behalf of my father, or can he skip deposition and what will be the effect? How many witnesses are needed? What best can be done? Plz. advice. Thanks to all in advance.

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N RAMESH. (Expert) 06 February 2010
//can I the youngest son depose on behalf of my father//
Yes. Not on behalf of your father but as an independent witness on the defendant's side.
To depose on behalf of your father, you need power of attorney and permission of the court and further you should be able to speak the facts about the property and its derivation.

//can he skip deposition and what will be the effect? //
Yes he can skip. If other defendant(s) are deposing. No adverse effect, provided your father do not have any relevant material of which only he can depose.

//How many witnesses are needed?//
According to Evidence Act no particular number of witness is prescribed. Even a single worthy witness is enough.