Fraud and breach of trust
Mr Fernandes
(Querist) 29 August 2017
This query is : Resolved
I purchased a property in 2005 in mumbai and gave a general power of attorney to my brother to handle the matters in my absence as i am an NRI . I was stabbed behind my back 1. my brother added his name on the property 2. he sold part or my land without my knowledge to his wife relative 3. he collected all payment and did not pay me . the cheque which was on the legal sales agreement was cancelled and he was paid cash after one year. 4. he refused to hand over legal documents to me all the time i came down he gave excuses the paper are in the locker and will bring it later etc etc I paid the full payment for the land total 21 lakhs and he withdrawn my own money from the bank account deposited in his ac and should he paid 1.40 lakh for purchasing this land total area of the land is 56 gunthas he added his name on all legal documents and now he is not ready to cooperate. The land was sold to me for 11 lakhs and he took from me 21 Lakhs and i took loan of 10 lakhs for no reason and he keep that money for his use all is recorded on the bank statement i try to solve this issue within the family but he is not co operating for year can i file a case of fraud i am based in Dubai and cannot leave my job and come all the time please advice
P. Venu
(Expert) 30 August 2017
You have the option for civil as well as criminal action against him.
Adv. Yogen Kakade
(Expert) 30 August 2017
Filing a civil suit as well as criminal proceedings against such act is an option for you. The draft of the power of attorney need to be seen before giving you the final solution of your query. As now a days, in Mumbai, it is not that easy to execute any such final conveyance on the basis of the Power of Attorney unless there is a specific clause mentioned in such POA. And if you have strong grounds to prove that your brother has cheated you by executing such fraud document, you can certainly teach him a lesson and get back your property along with the compensation. Appoint a good lawyer to help you. Frequent visits are not required to proceed with the legal proceedings.
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 09225510883
krishna mohan
(Expert) 30 August 2017
Well advised by experts. You may consult with the terms of POA as normally power holder will have an independent agreement of terms between power holder and Owner of the property outlining the value of property and share of profit etc.,
Dr J C Vashista
(Expert) 02 September 2017
I fully agree with experts, very well advised and nothing more to add.
Mr Fernandes
(Querist) 03 October 2017
Thank you for all your valuable advice , However my POA is a general power of attorney where it says buy and sell clause moverover it was attested by the consulate in Dubai. That's one set back of the POA but I have all the proof and evidence that this agreement for my property was executed on a 100 Rs stamp paper before I could give him the POA and moverover he enchased the cheque from the seller when he sold part of my property without my concern , On the contract there is another setback the buyer mentioned the cheque number on the agreement and later after one year cancelled the cheque according to the buyer he paid cash and cancelled the cheque . It have been 11 year now as I did not have any proof or documents earlier I was not in a position to file a case but after lots of investagation now I have collected many evidence I approached the buyer 8 year back to cooperate its only when I block the access he came forward and shared all the documents . Moverover I do not have any sale deed with me where my brother sold the property to the third party he is still holding those documents not giveing it to me . That's the reason I could not talk or take this forward. is there a time limit for filling the case? do NRI has any seperate laws to handle such matters please advice. I would like to thank the entire Panel much appreciated Thank you
