POA MAINTAINABILITY As When Father Purchased Suit Property I Was Minor

727 votes

Yes, you can take a POA from your father to represent him in court for filing applications, appeals, and other matters. However, for giving evidence, your father may need to testify personally or through video conferencing. The fact that you were a minor at the time of property purchase does not create technical difficulties since the cause of action arose in 2020. You can also file for your father’s exemption from court appearances due to health issues.

Advocate Devang Manjrekar LawRato

889 votes

1. Representation via POA: A Power of Attorney (POA) can grant you the authority to act on behalf of your father in legal proceedings. However, such representation is limited to procedural acts like filing, attending hearings, and engaging with legal processes. A POA holder cannot depose as a witness for facts that occurred prior to their knowledge or personal involvement. Since the property was purchased when you were a minor, you cannot testify about the events surrounding the purchase unless you have direct knowledge of them. 2. Cause of Action and Evidence: The cause of action arose in 2020 when you were an adult, and any evidence required regarding encroachments or subsequent disputes can be supported by your testimony for events within your knowledge. For facts predating 2020, your father or other individuals with direct knowledge must depose before the court. 3. Alternatives for Your Father: If your father's health prevents his active participation, you may explore filing an application for exemption from personal appearance due to medical reasons, supported by a medical certificate. Your father can submit a written affidavit for matters requiring his testimony and authorize you through a POA to handle all procedural matters. 4. Technical Difficulties: Courts generally do not permit a POA holder to testify for facts they do not have personal knowledge of. This could lead to challenges if your father's direct testimony is essential. It is advisable to ensure all procedural aspects are handled by you as the POA holder, while critical testimonies, if necessary, are given by your father in a limited manner, such as through video conferencing (if allowed). 5. Recommendation: Obtain a comprehensive POA from your father granting you authority to represent him in court, excluding acts of compromise or relinquishment of rights. Seek the court's permission for limited or alternative modes of testimony for your father if required.

Advocate Jairam Chandnani LawRato