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Mohammed Tariq (Executive)     03 November 2013

Forgery in bank a/c

Hi Everyone,

I need urgent help. My name is Mehlaka. My father Mr. Mohd Anees was in clerical job in dairy dept. in Indian Veterinary Research Institute (a dept of central govt) situated at Bareilly Dist. UP. He had 1 son and 6 daughters out of whom now his son and 4 daughters are married. He died in 1998 due to cancer and in his place his wife Shafia Begum got the job on compensatory grounds and pension as well according to the law of that time.

Shafia Begum started having illegal relation with another person. With the help of that clever and cunning person she took power of attorney from all the children even from the from the minor girl who is minor till date. They sold our forefather's prime location home for 12 lac and bought a new land from my uncle at very low price of only 1.5 lac.

Now Shafia Begum with her kept peson starting beating and harassing all of us and turned away us, the unmarried girls who started living with one of our married sister.

Charges against Shafia Begum:

1. Shafia Begum took power of attorney illegally from a minor girl and sold the property.

2. Without the knowledge of her minor daughter she opened an account in State bank of india using the ID of Ration Card. My name on the card was only Mehlaka and my real name is Mehlaka Anees (the surname of my father) and that is how it appears on my high school marksheet. Even in the service book of my late father and mother it only Mehlaka but my mother changed the name to Mehlaka Hashmeen. The handwriting is different and the ink is also different. This would prove the fraud. Further she deposited in bank some thousand rupees and took her to the bank to take out the money without her consent and knowledge  so that mother can have proof in future if the minor girl stands against her.

3. Recently she has lured that minor girl that she will get her married. The girl is minor till date. The mother, so that the girl get married and should be no more dependent to claim the maintainence, got her married. The marksheet, service file of our father and mother will prove the age of the minor and we have the copy of her nikahanama. But mother is a cunning lady so she did not keep her name in the marriage.


Kindly help us.

Thanking You,



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     03 November 2013

A power of attorney deed to somebody by a minor is invalid by law.  If the sale transaction of the share of the minor child during the period of minority, out of her ancestral property was made without permission of court, it is invalid despite the mother being a natural guardian of the minor.  On a petition to appoint yourself as guardian to the minor child, you may take up the minor interest property transaction with the concerned court to nullify the sale deed, besides, you may also lodge a complaint against the mother for forgery and cheating with the reasons you have stated in the query.


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