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Suraj Kumar (Manager)     25 October 2021

Power of attorney

1. My friend Raj have some property in his name upon which he is financially dependent.
2. His divorced wife file maintenance case claiming attachment of above said property if maintenance is not paid in time.
3. He is unable to pay the arrear and current maintenance amount.
4. He is missing and living at some unknown address.
5. He did not want to sale the property right now.
6. Can he nominate anybody to give power of attorney of the property so that the property cannot be attached by court ?
7. Can court grant any order against a missing person or his property ?

 1 Replies

Adv. Deepak (Advocate)     26 October 2021

Yes. Court can grant any order against a missing person or his property. Even if he makes any Power of Attorney in somebody's name, that Power of Attorney's acts will be the acts for and on behalf of the original person. Court has power to grant attachment of property at the hands of Power of Attorney. To escape from attachment of property, the only way is to make part payment of maintenance arrears and give undertaking to the Court that thereinafter, tha maintenance amount will be paid regularly.

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