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Sameer Jain (Individual)     23 August 2013

Fraud property deal

Here is the sequence of events. An agent showed property to my uncle and provided papers. My uncle gave papers to an attorney for verification and he verified they are fine. this attorney had invested my uncle's money in number of properties and owed him lot of money. Subject property was sold by 85 year old lady. Agent and attorney got power of attorney on my uncle's name along with will. Later we found that the lady that gave power of attorney was not real owner and had impersonated owner. Before my uncle can register complaint in police, original owner filed complaint and case of fraud and forgery was registered against everyone including seller, buyer(my uncle), lawyer(power of attorney and will were recovered from his place), attorney who executed power of attorney and will, agent and witnesses. I was reading this forum and other forums to see what can we do to get him out of this case. I found following articles:

1) https://legalperspectives.blogspot.com/2009/12/no-forgery-by-executing-sale-of-non.html

2) https://www.lawyersclubindia.com/experts/What-is-latest-supreme-court-judgement-of-sale-of-property-thru-gpa-sa-239176.asp#.UhdvrT9RTMs

Based on these two articles looks like fraud and forgery case against my uncle should not be entertained by court. My uncle is the one who lost money and has to face this case at the age of 72. Looking for advice.

 

 

 



Learning

 2 Replies

Sudhir Kumar, Advocate (Advocate)     25 August 2013

I am sorry.  From the perspective of the real owner your uncle cannot be innosent rather usurper of property with help of an agent and an attorney.  No wonder if he is prime accused.

 

I am sure he has no certificate of title search written by attornye

Advocate Ravinder (Advocate/Attorney)     01 September 2013

I completely agree with sudhir kumar sir.  Not only uncle, but also, agent, advocate, false lady who has given GPA are all liable for criminal act.  Because, by seeing the documents a lay person can also able to tell that who is the original owner, so having knowledge that the lady is not the original owner, the advocate (in connivance of agent, lady and uncle) wisely given fraudulant opinion that the title is good, 

 

My advice is better to compromise with the original owner and settle with some amount. 


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