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RKKhanapure (Health Worker)     19 July 2012

Poa: misuse by the poa

I had given POA to my sister in 2005 to look after my dealings. After demise of my mother in 2011, she has made an affadavit to transfer the sums of money to her name, with using POA for my representation. She has not taken my permission to do that document, and used POA for her own benifit. There is a false signature of my father who is medically deemed incompetant to sign any document on the day. 

Advocate who has done notary has not realised the incompetance issue and signature is faked. How to report this lawyer to the Legal Board? 

Can the POA use her rights for her own benifit, without communication, against the interests of the person? 

 

I look forward hearing from you. Thank you. 



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 4 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     19 July 2012

Dear,

First it is need to be checked what were the powers given by way of power of attorney, was the powers granted were limited for a specific purpose or it was a general power of attorney.

Second as you have said that your father is incompetent to sign any documents. Can you get the medical certificate for the same from the government hospital. If you get it then you can challange the transfers of sum and other assets on which forged signature of your father was obtained.

Further, an inspection by handwriting expert who shall certify that the sign is different from the usual signature of your father is must.

as far as the notary is concerned you can take action against the notary only when you have got the above proof.

 

Incase of any query you may take legal assistance on 9324538481.

 

Regards,

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RKKhanapure (Health Worker)     19 July 2012

Thanks for your advice. Really appreciated. The details are as:

1) It was a general POA

2) I have certificate from the Specialist Physician (MD) with an irreversible cognitive dysfunction, but not from the Government Hospital. Could I get a certificate now for the dates in August 2011 from the Govt Hospital? I also have another certificate from the caring doctor about his incompetance. 

3) Any contact details of the handwriting expert in Mumbai? Thanks

Regards

Adv Rohit Dalmia 9324538481 (Lawyer)     19 July 2012

Hi! I am also from Mumbai and there are forensic handwriting experts who can do the needful. But before that all the relevant papers needs to be checked by advocate to see the merits in the case before going to handwriting expert as the same shall be at cost.

You may call me on 9324538481 to get their details and for any legal assistance required by you.

 

Regards,

 

 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 July 2012

 A lot would depend on the terms and stipulations of the POA. The scope of authority of agent is to be examined before commenting conclusively.

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