sign of all joint owners for a power of attorney
Querist :
Anonymous
(Querist) 10 June 2011
This query is : Resolved
We are total 12 joint owners of ancestral property. one of us has prepared forged and fabricated power of attorney and get it notorised.he has register a sale deed in the name of purchasers. my question is , one of us was expried in 2000 and the P.A was fabricated in the yr.2011, which does not contain any signature of that expired person or his legal hires. his name is in the property card till today. we all have filed a complaint with police and no FIR was registered.is this power of attorney is walid?
prabhakar singh
(Expert) 10 June 2011
The fabricated power of attorney (PoA)as well as sale made via it is in valid.
file a suit of cancellation of sale deed on two grounds:1 a notary's PoA not capable legally to confer sale rights of immovables.2PoA is not executed but has been fabricated,3:sale is in valid for other co owners.
AND FILE COMPLAINT AGAINST NOTARY BEFORE CENTRAL OR STATE GOVT.,which has appointed him notary in following proforma:
FORM XIII
COMPLAINT
Before the appropriate government under the Notaries Act, 1952(53 of
1952)
Between.................................................petitioner
and.....................................................respondent
Petitioner's address:
Respondent's address:
Particulars of complaint in
paragraphs consecutively numbered.....................................
Particulars of evidence oral and documentary, if any, to substantiate the complaint.................................
Verification
I,.............., the petitioner do hereby declare that what is stated above is true to the best of my information and belief.
Verified today the................day of.............20........at.....
Signature
TO GET THE FIR LODGED MOVE AN APPLICATION U/s156(3)CRPC BEFORE C.J.M
