Mother can execute POA in favour of any family member for filing civil suit for eviction
POA in favour of lawyer would be accepted by court
Eviction of relatives from property
My mother resides in Unite Kingdom. Cousin and family have taken over property in India and will not leave.Police FIR filed online but police will not do anything. Want second opinion as current lawyer says mother needs to come to India to file criminal eviction and adduce evidence and court will not accept power of attorney because of sections 200 and 202 of Evidence Act code. Mother is elderly and too ill to attend.
Asked 3 years ago in Property Law
Religion: Other
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5 Answers
Dear Client,
The court will accept the POA so, she can appoint a POA to get an eviction notice on her behalf. Secondly, the Indian evidence act has only 167 sections. Please name the act correctly so we can understand which one you are referring to.
Thank you.
Utilising your mother's absence your relatives grabbed the proeprty belonging to her.
If she still remains absent even for deposing evidence for the private complaint that you propose to give under section 200 cr.p.c. before a judicial magistrate court then you may be stranded in this manner forever.
You can initiate a lawsuit to repossess the property along with a suit for declaration to declare her title and for ejecting them from your property.
A power of attorney deed can be given by the complainant to a power agent to prosecute the proposed case.
If the court accepts the same at filing a private complaint then you can try it through any other lawyer
- If the said property was taken over by the relative without getting the consent of your mother , then she can lodge an FIR for the offence of trespassing in another property .
- If no response then she can file a criminal compliant before the magistrate for the same , and her appearance is compulsory before the court .
- However that criminal court cannot pass an order for eviction .
- Further, if your mother was allowed the relative to reside then she can send a legal notice for the termination of licensee given to her for reside in the property temporarily.
- Further, if no response, then she can file Mandatory inunction suit before the court for evicting the relative , and it can be filed through the GPA holder after giving right to engage a lawyer on her behalf.
She needs to send a legal notice first and then file eviction. There are many other ways which can be adviced only after knowing entire facts. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
She can give PoA
