vishal ji!! i need to know some query as my late husband was running a goodown shop alloted by Railway.after his death i claimed as hier and filed a pitition for transfering name.In beween my father-in-law filed a pitition by name of my mother-in-law submitting a registerd Power of Attorney of my husband saying that he gave power to my mother-in-law ,Which is fully fake as my husband was lying in bed at that time and he was not able to sigh,By huge beive he is trying to transfer the shop in my mother-in-law"s name.where as my mother-in-law is uneducated and she is just a house wife.They even filed a status -co and the case in Judge court & was admitted when i was out of station,So i need to know does this fake power of attorney will lie in that case,How should i handle to occupy and carry my husband"s bussiness in short time?pl help me
There are two possibilities, 1) Assuming that your late husband has really executed the POA in his mother's name, the POA has to be referred to see whether any interest was create in it , if no interest is created than the POA expires with the death of the principal & the second possibility is if an interest is created then you need to prove that the document is fake since as per your version your late husband was sick and you need to prove the same that the POA was executed not in sound state. However, under the succession act, if your husband has died intestate viz without a ill your mother in law will have a share in the properties of her son.
GET THE COPY OF JUDGEMEMT PASSED BY SUPREME COURT OF INDIA IN THE CONTEMPT PITITION NO.203 OF 1996 IN THE MATTER OF RAJ KISHORE VAISH V/S THE ATTORNEY GENERAL OF INDIA AND OTHERS(FEW JUDGES OF HIGH COURT) DO ANY CRIME , ANY CORRUPTION NOBODY CAN PUNISH YOU TILL THE ABOVE NOTED JUDGEMENT IS LIVE ...........IN INDIA.
First of all get the certified copyof the power of Attorney which has been filed in the court as well as the cerified copy of the order sheet of status quo.Whether the power of attorney is revocable or irrevocable find out.whether it has created for specified eriod or not find out.Only then I can come to conclusion or give yousme suggestion.