Execution of special power of attorney
pawan
(Querist) 06 March 2012
This query is : Resolved
Sir,
My co-sharer made forged special power of attorney attested by notary claiming exclusive owner and submitted in civil court. We have filed private complaint against him.
Now, pls. advice if special power of attorney attested by notary can be considered as executed which is already submitted in civil court.
Pls. advice some citations on this subject.
Thanks
Pawan
Deepak Nair
(Expert) 06 March 2012
Notarised Specil Power of Attorney is considered as valid in the eyes of law.
But, the notary have to follow certain procedures such as:
1. Note the name of the parties in the notarial register and document.
2. Put Serial number to the said document.
3. get signature and thump impression of the parties in the register against the name.
4. Put the serial number recorded in the register number in the document along with date.
5. Notary shall ensure and record that the document is signed before him.
If the above procedures are not followed, anu notarised document cannot be considered as valid.
In your case, if the POA is forged, you can request the court to summon the notary to verify the same and also can call for the notarial records to examine your signature, thumb impression etc.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 March 2012
1) First of all find out if original POA is submitted , if not for secondary evidence there is special provision for its certified copy as per POWER OF ATTORNEY ACT.All other copies are invalid.
2) If it gives power to deal with property matters , it has to be registered and properly stamped.
3) And most imp of all there IS one SIXTY YEARS old MADRAS HIGH COURT judgement affirmed even now by SC that first the master or his / her heirs have to take permission for allowing the donee to appear.
THIS IS MOST IMPORTANT MATTER OF FACT AND LAW AND SO TAKE ASSISTANCE OF AN EXPERT SENIOR ADVOCATE SINCE ON THIS ISSUE ALONE THE CASE CAN BE WON OR LOST.
ajay sethi
(Expert) 06 March 2012
if signature is forged on power of attorney you will have to prove the forgery .
special power of attorney need not be registered if it does not give any powerfor sale of property . for other cases notarised power of attorney is valid
Sankaranarayanan
(Expert) 06 March 2012
If the PA is forged one then you have proove it wit vital recods and pont. Rest all explained well by my learned frds.
Shashikant V. Patil
(Expert) 06 March 2012
The burden lies with you to prove whether it is forged or not ?
