Should both partners appear in court

Prashant Taneja (Querist) 18 October 2022 This query is : Resolved
My father and his brother (my uncle) bought a house few years ago together both having 50% share in it. My father transferred his share to me and is not alive now. Both me and my uncle now share the house jointly. Recently we have started to have a dispute about some open space at the backyard of the house with the neighbor. I am thinking of going to court about it but my uncle lives far off and is unable to come due to distance and poor health. He can come once or twice but not on every date. Is it necessary for both partners to appear in court on every date. Can I take a power of attorney from my uncle and appear for him.

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Quick Summary

If you're involved in a property dispute and your co-owner can't attend court regularly due to distance or health, a Power of Attorney is a viable solution. This legal document allows you to represent your uncle's interests in court, meaning you can attend hearings on his behalf. While not every hearing requires both parties' presence in civil cases, having a Power of Attorney ensures you can act for him when necessary.

kavksatyanarayana (Expert) 18 October 2022
You may obtain a Power of attorney to attend the court on behalf of him from your uncle. Then you only can attend to the case in your own capacity and on behalf of him.

Advocate Bhartesh goyal (Expert) 19 October 2022
Although in civil matters parties are not required to attend /appear in court each and every hearing date like criminal cases still you obtain power of attorney from your uncle so you can act on behalf of your uncle in court whenever require.

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