Tuesday, April 22, 2008

What is a Wakalatnaama ? Is it a power of attorney given to a lawyer ? -

I have given verbal instructions to a lawyer in India to forward an application on my behalf. He has asked me to sign a wakalatnaama. What is this document ? Is it a general power of attorney ? Can this document be misused like power of attorney ? Thanks for the information.

Yes it is a power of attorney given to a lawyer only to contest the matter or act on behalf of the person signing the vakalatnama. On the basis of Vakalatnama, an Advocate is empowered appear on behalf of his client before any legal authority, Dept., forum or court and entitled to contest any matter or move any application. If u render service of a lawyer, you are a consumer under the Consumer Protection Act. If there is a clause in the vakalatnama to compromise the matter on behalf of his client, then the Advocate may compromise the matter colluding with the opposite party. So please be careful before signing.

It is not the general power of attorney. it only gives the power to an advocate to represent you in a court of law. Unless you sign the Vakalathnama, the advocate cant represent you .If you want to engage an advocate and require his service,there is no option except to sign the vakalath. You have to be careful in selecting an advocate and not in signing vakalath. The document can not be misused.The advocate can not compromise the matter without your signature.

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