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Gauranga (Service)     05 November 2008

Propert Issue Trace Pass and Fake POA

Hi, I have flat with joint ownership on mine and my father names. Also have bank loan against this property on our name. My father did not contribute anything but I have put his name for safety. Every month EMI amount gets deducted from my bank’s account. As I was working out of town for service, one of close relative had made TRACE PASS into my flat. When I asked, he had requested to give 6 months period. But now he is not vacating and claiming the ownership of the flat. We also come to know that he had made a fake back-dated power of Attorney (POA) of ours and got notarized with local lawyer. So I have filled FIR of Trace Pass and Fake POA against him. He got arrested but then got bail and staying in same flat. Still case did not stand as Police is taking lot of time to submit the charge sheet. Please guide me by clarifying below queries 1. How to get back my flat in shot period as I am staying in rented flat and do not want to spend years in courts. 2. As I have bank loan, so is there any way that bank will help me out? 3. What if I sell out the flat to someone else in a very low rate? Thanks in advance.


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 2 Replies

Sushil Kumar Bhatia (Advocate)     05 November 2008

The disputed flat is acquired by you from your own money and you are paying loan of the bank etc.your first question about tresspass your flat by someone for which you have lodged a FIR a criminal proceeding u/s 448 IPC can be initiate against tresspasser and a notice for damage of illegal use & occupation as well as ejectment  can be given and a civil suit for damages and ejectment of tresspass can be filed the second question about any fake Power Of Attorney you can also lodge a FIR of forgery and against the persons who have collusively made a fake POA  this is a case of house grabbing & forgery an immediate legal action is necessary the flat if pledged with bank against loan a FIR can be lodged by the bank also.

Arvind Singh (Profession)     22 November 2008

Good Reply on the subject.


Thanks & Regards


Arvind Singh


LLB Student


 


 


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