Yes you can do the aforesaid and proceed further
Evidence on behalf of mother vide power of attorney
Mother made a written statement, submitted documents and made pleadings which were adopted by son in court. Case took 15 years snd mother has age related issues. She made a power of attorney in favor of son to depose on behalf of her . Can son depose on behalf of mother to prove title ownership of properties based on documents only and no hear and say? Two properties were bought before the sons birth and one when he was 3. Can we plead that family members Have knowledge of how properties were purchased?
Asked 3 years ago in Property Law
Religion: Hindu
7 Answers
Ownership of property is proved by documentary proof. No personal facts are involved in such cases. Any POA with possession of original documents can depose on behalf of another. It is only when the subject matter of dispute arises out of personal matters the person involved has to appear in Court. A POA can validly depose on behalf another relying on documents.
Mother should give evidence
son has no personal knowledge about purchase of properties
ideally the mother has to personally depose before the Court as a witness
if she gives a POA to someone then that POA holder can depose in respect of things which are within his knowledge only and not in respect of those things which are within the knowledge of the mother/grantor
you can prove whatever you want by filing your evidence affidavit provided that the necessary pleading to that effect is there in the written statement
for eg. if its pleaded in the written statement that family knew about the properties purchase, then in the evidence affidavit you have to show any document or other material in support of such a pleading or if no documentary evidence is there, then oral evidence by way of a witness who can depose to that effect in the Court, can also be led
- Since the mother has given POA in favour of son ,then the son can depose before the court on her behalf legally , and proceed for prove the case .
- However if the son not having the complete knowledge of the property then it may effect the case filed by the mother.
- Further, if the mother is unable to appear before the court then an application can be move before the court for her evidence and cross examination even in her home.
Since the son is also one of the parties to the suit and he has already adopted the written statement filed by his mother, he can very well depose evidence on behalf of his mother too on the basis of her power agent stating that he knows the facts of the case and also about the property details.
There is no legal infirmity in it.
Dear Client,
The son can depose on behalf of her mother to prove title ownership of properties. The age of son or knowledge about it does not matter and only the evidence will be looked forth to determine ownership.
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