It is necessary to peruse POA executed by your son to advice 

2) 

If no cause of action is disclosed in the plaint or if the suit is barred by limitation, the court would not permit protraction of the proceedings. In such a case, it would be necessary to put an end to the sham litigation, so further judicial time is not wasted. Placing reliance on Azhar Hussain v. Rajiv Gandhi it opined that the entire purpose of conferment of such powers under O7 R 11 is to ensure that a litigation, which is meaningless, and bound to prove abortive should not be permitted to occupy the time of the courts, and exercise the mind of the respondent.

The Determining Test   

The SC clarified that courts, while dealing with such an application seeking rejection of a plaint, ought to determine whether the plaint discloses a cause of action by scrutinisingthe averments in the plaint, read in conjunction with the documents relied upon. In this regard, it also clarified that while making such a determination, courts would have to disregard the pleas taken by the defendant in the written statement and application for rejection of the plaint on merit.Hence, the SC clarified that while determining any application filed under O 7 R11, the courts should restrict itself to the plaint and should not go into the detail facts as provided under the written statement or even the application filed under O7 R 11.

3) if you remarry your wife would inherit share in your property 

-    You won only injunction order in trial court and High Court.

You not won the entire case.

-    You can challenge the POA however you can not bar new POA.

-    You should remarry immediately.

Your new wife will get your self-earned property and inherited share after your death.

But to protect your self-earned property, you can make WILL.

The child with new marriage will get inherited share.

If the power of attorney was executed in USA then it should have been attested by a notary public of that country by an official of Indian high commission/embassy.

If it was executed in India, then you must confirm if the principal was available or not in India at the time of execution of th deed, buy asking the court to direct her to produce the copy of his passport having the immigration details to prove that he was in India at that time.

You must also confirm that if he has any rights in the property i.e., if it is your self acquired property or inherited from your father then it becomes your own property, in which he do not have any rights at least not during your lifetime.

In that circumstances you can file a petition under order 7 rule 11 to reject the plaint.

Therefore if the details of the suit is known you can be suggested/advised of more such solutions to tackle the suit legally and get it dismissed.

If this power of attorney is not valid then your ex-wife has no locus standi to prosecute the suit, she cannot continue by producing a different power of attorney deed filling up the lacuna, the court will dismiss the suit for the defective power of attorney deed she produced before court.

By your remarriage, your second wife shall not become a shareholder to your property whether self acquired or ancestral and she cannot claim any rights in the properties lying on your name as a right, at least not during your lifetime.

Therefore you need not hurry to remarry just for this purpose.

1. Under Hindu Law a wife is not a coparcener, so she has no share in the ancestral property of her husband during latter's lifetime.

2. Marrying before or after verdict makes no difference.

Dear Sir,

1) If the POA has been made without falling all procedures, the same will be invalid. POA needs to examined for the same.

2) You can contest the validity of pot and seek the plaint to be rejected based on the mother having no locus stand and no cause of action.

3) You cannot stop the son from executing another POA in favor of mother.

4) If the property is declared ancestral, you can seek partition of property, you will acquire a part of the property.

5) Second wife can claim right to the property from your part of the property, as the same after partition acquire the nature of self acquired, you will be able to will the same to your second wife.

Thank you

1. Order III Rule 1 of Civil Procedure Code, 1908 provides that every appearance in can only be made by recognized agent or pleader. Under Order III Rule 2 (a) a recognized agent is one who is holding POA of the party. As the POA held by mother is not valid she cannot appear for her son. Submit an application under Order III Rule (2) (a) seeking dismissal of suit as POA is not valid.
2. She can file a proper POA and continue the suit. Only on the ground of invalid POA suit cannot be dismissed you need to contest the suit on merit. An invalid POA is only a procedural irregularity it can be cured at any stage of suit.
3. The share of son in ancestral property will be allotted to him. New wife will not affect the share of son neither she will have any claim over the share of son.
4. After decree of divorce you can marry at any time before or after the judgment, it  makes no difference on the verdict of suit.