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How do I appoint a legal representative in India to handle encroachment issues?

How do I appoint a legal representative in India to handle encroachment issues?

Published At July 8, 2024

Answer

To appoint a legal representative to handle property encroachment cases in India, you need to follow a few essential steps, which ensure that the appointed representative can effectively manage the legal proceedings on your behalf.

  • Power of Attorney (PoA): The first step is to execute a Power of Attorney. This legal document grants your representative the authority to act on your behalf concerning property matters. The PoA should be well-defined, clearly outlining the scope of responsibilities and powers given to the representative.
  • Selection of a Lawyer: Choose a qualified and experienced lawyer who specializes in property encroachment cases in India. It’s essential to verify the lawyer’s credentials, experience and past case successes to ensure they are well-equipped to handle your case​.
  • Documentation: Prepare all necessary documents related to your property, such as the title deed, purchase agreement, property tax receipts, and any evidence of encroachment (e.g., photographs, communications with the encroacher). These documents will support your case and help your legal representative take appropriate legal actions​.
  • Legal Proceedings: Once the PoA is in place and a lawyer is appointed, your legal representative can initiate legal proceedings. This includes sending a legal notice to the encroacher, filing for an injunction to prevent further encroachment, and seeking eviction and damages through court orders. The legal representative will handle all court appearances, filings, and negotiations on your behalf​​.
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