Common Law

 Under the law, three distinct actions could be brought for the recovery of specific immovable property, namely – A Suit based title by Ownership; A Suit based on possessory title; A Suit based on the strength merely of previous possession, in the case of a wrongful ouster, i.e. without following the due process of law, of a person without his consent. Section 5:               I.      When a cloud is raised over a person’s title and he does not have a possession, a Suit for declaration and possession, with or without a consequential injunction is the remedy;            II.      Where a person’s title is not in dispute but he is out of possession, he has to sue for possession and consequential injunction;          III.      Where there is merely an interference with a person’s lawful possession or where there is a threat of dispossession, it is sufficient to sue for an injunction simpliciter. Anathula Sudhakar versus P Buchy Reddy – AIR 2008 SC 2033 (2039)

What is Power of Attorney [PoA] :  Power of Attorney is an written instrument executed by a person, authorizing the person named therein, to do some specified acts on behalf of the executor, such acts which otherwise could be done by executor only. The person who gives the power / authority is called the “Donor” or “Principal” and to whom the power is given is called the “Donee” or the “Attorney”. The said Attorney acts as an agent of the Principal. Power of Attorney is a very important instrument, which facilitates in the running and conducting of businesses, prosecuting and representing legal cases in the Court of law and also making due representations before various statutory authorities, including tax and revenue authorities. It is also a very important medium in effecting the transfers of immovable properties. PoA ordinarily are of two types: General and Special. A General PoA authorizes the Attorney to act on behalf of his Principal in all matters of a particular n