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Dipangkar (Business)     07 June 2011

Forgery of signature in Power of Attorney

Hello everyone! I am new here. This is my first post. Plz don't be offended for asking for a solution on my very first post.

 

My father have four more brothers. After my father's death 12 years back, my name was updated in the joint Patta   with my uncles, consisting 29 Bighas of Agriculture Lands.

 

In 2006 my 4 uncles gave a Power of Attorney to the smallest Uncle against that land. The smallest Uncle next gave the power of attorney to an Outsider. Using that power, the outsider sold some lands (2.2 Bighas). The uncles also recieved money (Around 6 lakhs) from the outsider. Then the outsider stopped paying them anymore. So they decided to Revocate that Power from him. They did it in the end of 2009.

 

I was informed about the whole event only at the time of Revocation. I didn't sign any documents regarding anyone to act on my behalf, nor did i take any money against any sale. I was NOT EVEN INFORMED about the whole events untill the time of Revocation. In a sense, I was skipped by my Uncles. 

 

It also came to my knowledge that, in the power of Attorney given to the Smallest Uncle, someone (probably my smallest Uncle's son) even FORGERD my signature.

 

So plz help with some advices that what should I do against those Cheating Uncles.

Love and Thanks.



Learning

 11 Replies

Bidhan Dave (Advocate)     08 June 2011

You can file a police complaint against your uncle. you can also file a civil suit in the civil court for declaration & injunction against your uncle & the outsider & you can request the court for ad interim stay order wwhich will protect your interest for the time being. You can also request your uncle for patition.  If your uncle  decline for partition, you can approach the court for the partition of the suit property so that in future you can not be victim of fraud.

1 Like

Dipangkar (Business)     09 June 2011

Thanks you so much Bidhan Dave, for your prompt reply & help.

rj manasa (criminal lawyer)     09 June 2011

in your case you can succeed both in criminal and civil case......but remember that draftg the criminal complaint is very important it should not be of civil nature.  By  your complaint criminal offences should be made out.....a power holder can execute any document on behalf of the principal but cannot execute a power of attorney.....so your people are only trying to create encumbrance in your property...wake up and act shrewd..........you can successfully get a stay from alienating further and also declaration that the subsequent sales based on forged documents as null and void..........

1 Like

Dipangkar (Business)     09 June 2011

Originally posted by :rj manasa
"
a power holder can execute any document on behalf of the principal but cannot execute a power of attorney.....
"

Thanks a lots, sir rj manasa.

Does that means that The power of Attorney Executed by my Smalest uncle to the Outsider is null & Void ?


The First Document of Attorney given to my smalest Uncle is NOT REGISTARED but was signed in a DALIL.

 

The second document given to the outsider by my smalest uncle is a  Registared document.

 

The Revocation document is also a Registered document.

What i am mostly offended of is the Forgery of my signature. It's making me feel as if i doesn't exit at all.

Dipangkar (Business)     09 June 2011

Opps. Sorry What happened to the font size in my previous post ?????

Sarvesh Kumar Sharma Advocate (Advocacy)     09 June 2011

A perfect case u/s-420,467,468,471ipc.
1 Like

Advocate Ranjt Giri (Advocate)     10 June 2011

This is fit case for cheating and furgery. those people make false POA  is punishe by law. So pl. lodge a complaint case before CJM and CJM take apropriate action regarding cognizance punishe who make a forged document. Advocate Ranjit Giri, Bokaro ,Jharkhnd.

1 Like

Dipangkar (Business)     10 June 2011

Thanks a lot Sarvesh K Sharma, for pointing out the Sections under the code of Criminal Procedure.

Dipangkar (Business)     10 June 2011

Thanks to you too Ranjit Giri, for the CJM idea.

rj manasa (criminal lawyer)     06 September 2011

go head with a criminal complaint at the earliest but first apply for encumbrance certificate knw wht r the documents that have been executed ,collect all the registered documents ,know where u stand and then go head.u l succeed but never take hasty steps for further help u can call me 9841040439

sukumar (Junior consultant)     06 September 2011

i agree with the view of experts


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