Hi All,
My uncle had a flat which is purchased by him and was in his name. He is not staying with his wife from several years. Before 2 years, without his knowledge she created a Power of Attorney in her name for this flat and put his fake sign & thumb impression. This Power of Attorney was not registered in any SRO, She got this POA notarized from a local notary. She executed a Gift deed for this flat in her & her daughter’s name with this notarized POA. The ownership & possession of this flat is now changed to her & daughter’s name. There are few things to be noted:
1. He was never willing to give her POA.
2. He did not sign & put his thumb impression on POA.
3. POA is just notarized & not registered at SRO.
4. She signed as Donor & Donee in the Gift deed.
5. She had put his fake sign for all the applications made for NOC & transfers to various government departments.
6. This all is done without his knowledge and he is against of such Gift.
Now she is not giving possession of this flat to him & not allowing him to sell it. He is poor & will not be able to fight in the court. Please help by advising:
1. how can he get this Gift deed cancelled.
2. How can he get the flat back in his name without fighting for long time in court?
