Fake~~~~ irrevocable power of attorney
Mohammed Rizwan Shaikh
(Querist) 23 October 2011
This query is : Resolved
Hi Experts,
Mr. A holds large property in Mumbai, gave divorce to his 2nd wife in the year 2009. As Mr. A was not feeling well due to his old age he had given a POA/IPOA to his second wife. But after realizing that 2nd wife was betraying him like selling his properties. He cancelled the POA/IPOA.
On 23/10/2011 Few brokers approached the site for inspection and handed over the copy of IPOA to the Mr. A's staff.
Mr. A found that 2nd divorced wife got that IPOA registered on 25th May 2010 in Mumbai.
Note:
Mr. A already declared about the divorce in the Newspaper in the year 2009.
1. How can Mr. A cancel the IPOA as the 2nd divorced faked the IPOA?
2. How can Mr. A file a case on the 2nd divorced wife and under which sections?
3. Should Mr. A issue a public notice once again stating that Mr. A has already divorced his 2nd wife and no one should deal with her?
4. Remedies available with Mr. A now in order to safeguard the property?
Shonee Kapoor
(Expert) 23 October 2011
Irrevocable powers of attorney to the best of my knowledge can be revoked either by an agreement between the parties or because of the sunset provision mentioned in the same IPOA. Unless there is a sunset clause, the IPOA doesnot end.
An irrevocable power of attorney creates a customized bond between the principal and agent. Unless a sunset is specifically included in the document, the power of attorney cannot be revoked unless both the principal and agent agree, and execute a revocation. Otherwise, the power lasts until the death of the principal.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 23 October 2011
Irrevocable power attorney does not necessarily mean that the principal can not cancel the agency unless the agency is coupled with interest which is not in your case.
If the husband at the time of giving divorce has already revoked the POA by way of registered deed of revocation then it is sufficient for him as any subsequent sale on the basis of the revoked POA would not be binding on him and the registered revocation deed being a constructive notice the purchaser out of it would not be treated as bona fide purchaser without notice.
Any subsequent public notice would be more than sufficient.
Mohammed Rizwan Shaikh
(Querist) 24 October 2011
Many thanks Shonee ji and Barman ji,
Mr. A may ask the divorced wife to execute a revocation as she is still staying with Mr. A on mercy. However, she is damn smart and cunning takes advantage of Mr. A's age (82). Mr. A got married after giving her divorce. Earlier, Mr. A wasn't aware that the 2nd divorced wife has registered the IPOA, yesterday he came to know about this.
Under what all sections of IPC can Mr. A book her as she cheated him?
How can Mr. A procure the original copy of the IPOA as it is registered and Mr. A wants to see the pictures at the time of
registration of IPOA. The PAN card which was attested during registration doesn't match with the PAN card which Mr. A posses now, its different?
Devajyoti Barman
(Expert) 24 October 2011
A need not ask for his divorced wife to execute revocation. The principal alone can revoke the agency if as stated earlier the agency is not coupled with interest ( means it was created for the benefit of the agent etc) .
If POA relied upon by the said wife is a forged one then A can lodge complaint after which it would be the duty of the police to determine its authenticity.
prabhakar singh
(Expert) 24 October 2011
Expert Devajyoti Barman rightly opines.
Mohammed Rizwan Shaikh
(Querist) 24 October 2011
Thank you so so much......ALL experts.....u r guyzzz r d best......
R.RAJENDRAN
(Expert) 25 October 2011
For forgery of document, the affected person can lodge a complaint with the plolice.
