Forged power of attorney


Hi,

A land in name of mother has been sold without our knowledge using forged power of attorney. The incident happened by end two decades back and close to 3 transactions have occured.

Can anyone please tell me what is the chance of retaining/getting back the land and how long will it take to prove that as a forged power and to cancel all the transactions.

 
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As per your query if you believe that the said transcation is by forged power of attorney, then you have to declare the first sale deed as a void through civil court and at the same time you have to lodge a complaint before the consent police station for creating false forged general power of attorney document. you have a chance since the property was transferred subsequent sale deeds. As per your query the said void transcation was done before two decades nearly 20 years back. So they cannot claim adverse possession as per my opinion.

The Rocking Lawyer

V E MANOJ KUMAR

CELL NO 8686159292

 
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Retired employee.

The validity of filing suit has to be considered treating the knowledge of fraud through forgery, and limitation period.  It is always proper to consult local advocate and taking him into confidence on the chances of going for a long legal battle to get the land.

 
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Retired employee.

Further if the parties are not living, as the matter pertains to a fact that occurred two decades back,  the fraud has to be established through documents.  First issue a notice after getting such certified copies from Registrar Office.

 
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Thanks for the clarity Prasad Sir. I believe the parties are still existing and would like to know is there a chance to cancel the forged power of attorney and subsequent transactions based on that and acquire the possession.
 
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Retired employee.

You have been advised to discuss the possibilities of filing a declaration suit seeking cancellation of sale deed executed in furtherance of forged POA, and there are more complications in the case.  If you have lost possession you may have to pay court fee on market value.  If you wish to cancel the sale deed, you have to pay court fee on the value of the sale deed and in proportion of your share and consequence reliefs.

Only a local advocate can after studying the facts can advise, you can not expect a guidance from on line forum without studying the facts and POA etc., documents.

The first difficulty is the limitation period.

 
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In such circumstances, it would be deemed as the adverse possession by the opposite party, since the limitation of 12 years applies to private property.
 
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Lawyer

Show the documents of the property to a local prudent lawyer for better appreciation of facts / documents, analyse, guide and proceed.

 
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