Dipen (Manager) 07 April 2015

Power of attorney mis-use

Hi , I have a elderly lady relative who is about 85 years of age . I am in a property dispute with my relatives at the moment and I have a pending property suit in court. My relatives are constantly trying to harass me by lodging false complaints using the elderly lady's power of attorney. So far they have lodged false police complaints and false criminal cases in order to harass me. Also they have used her POA to lodge false complaints in the local municipal corporation as well. I enquired with her through some of my relatives and she says that she is unaware of these complaints lodged on her behalf using her POA. I want to challenge her POA on the grounds that she is too old and unable to make her own decisions and she is completely dependent on my relatives for her maintenance and that her POA is being misused. Please advise what I can do in this matter. Thanks Dipen Yadav

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SAINATH DEVALLA (LEGAL CONSULTANT) 07 April 2015

GO THROUGH THIS ARTICLE IN TIMES OF INDIA

Noose to tighten on misuse of power of attorney

Rajshri Mehta,

MUMBAI: The central government will tighten the noose on individuals using the power of attorney (POA) for fraudulent land deals. The POA authorizes a person to carry out transactions or act legally on behalf of another.

Under the proposed amendment to the Indian Registration Act, 1908, a POA holder seeking to carry out a transaction (land or otherwise) will have to provide documentary evidence to the sub-registrar to prove the principal (who issued the POA) is alive. The principal has to obtain a 'live' certificate with his photograph affixed from a registered medical practitioner, which is valid for 30 days.

Stamp duty experts said the amendment, pending with Parliament, will curb frauds relating to misuse of the POA.

"It's a good suggestion as many land transactions are carried out on the basis of POA to circumvent payment of stamp duty and registration fees. Many POA holders sell land after the principal's death. Buyers get into trouble when legal heirs of the principal claim rights over the property. Such cases end up in protracted legal battles and ultimately sale deeds are declared invalid,'' said stamp duty expert Rajesh Mehta of Raha Realtors.

Another amendment pertains to Section 17 of the act. The government said all agreements, or contracts for sale of immovable property, including developers' or promoters', have to be registered.

Dipen (Manager) 07 April 2015

Please advise legal course of action

SAINATH DEVALLA (LEGAL CONSULTANT) 07 April 2015

A power of attorney may be revoked at any time by the principa.The actual procedure of cancelling a power of attorny is as below:

1. Get in to a Sub.Reg office a make a document for power revoke.
2.Send a Registered letter with Acknowledgement form to your power agent ,stateing that power is revoked as per Document No: xx ,by----------- Sub-Reg office on xx-xx-xxxx.
This is the procedure.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 07 April 2015

Sir, You also write a police complaint against that person and also get he POA cancelled if its registered otherwise tell the old lady to dispute that she has never made any power of attorney .... Warm Regards Kapil Chandna Adv 9899011450