• How to save my property

I am a resident of Bangalore,Karnataka.I have a site in my native,Udupi purchased 2 years back.All the original documents are with me. My brother is staying in udupi and he is an advocate by profession but very much fraudulent and greedy. 
Now, my fear is whether he can sell my property with out my notice by using fake power of attorney as he is in good relationship with many notaries and he could use forgery sign of mine too. he had used forgery sign of me  before also on one official document which I came to know later.
Now, how I can save my property or what precaution I can take to avoid any fraud and also to avoid any conflict with my brother in future.whether I can prior inform the sub registrar?
what  precaution I can take legally?
Asked 3 years ago in Property Law from Bangalore, Karnataka
1) you should not have purchased any property in Udipi if you knew your brother nature of fabricating documents . 

2) POA  for sale of property requires compulsory registration . mere notarisation  of POA wont suffice . 

3) sub regsitrar wont accept any sale deed based on POA which is not registered . 

4) you can carry out construction on said plot . take bank loan for said purpose . if property is mortgaged to bank your brother wont be interested in fabrication of documents for selling your property . 

5) deploy security guards on the site
Ajay Sethi
Advocate, Mumbai
46678 Answers
2762 Consultations

5.0 on 5.0

1) To be able to sell or transfer the property in any manner the Power of Attorney must be a registered one. Therefore of your brother manages to get a notarized power of attorney that can't help.

2) Creating an encumbrance on the property by raising an agricultural loan if it is an agricultural land or a construction loan of out is a residential plot can help prevent the sale as it is unlikely someone will buy the site without checking for encumbrances.

3) Of you make a house, you could also let out out on the meantime, thereby earning and income and at the same time safeguarding the property.
4) Employ someone locally to keep a regular watch for any encroachment or unusual activity and report to you.

5) Unfortunately there is no way you can leave an intimation with the Registrar's office. You need to be vigilant given the ways of your brother.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

1. Committing forgery is an offence, but this offence is committed by many people. So yes your brother can forge the documents and sell the property.

2. POA requires compulsory registration, but if your brother is a habitual offender in committing forgery then he can forge your signature on POA by producing before the registrar someone who can disguise himself as you. 

3. You should have filed a complaint for forgery against your brother if he committed forgery in the past. 

4. You cannot lodge an advance complaint to the registrar or police. Police will come into picture only when the offence is committed.

5. All you can do at this stage is keep tight vigil on the land by deploying security guards or installing CCTV cameras.
Ashish Davessar
Advocate, Jaipur
23097 Answers
639 Consultations

5.0 on 5.0

Hi, till today he has not sold the property you have apprehension he may sold by fraudulent way.

2. Better take the EC of the property once in six months so if there any registered transaction it must reflect in Ec so that you can take appreciate action.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

You should not be a doubting Thomas at least towards your own brother,after all hope that let everything go by trust in this regard.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations

4.4 on 5.0

1. Lodge a police complaint now alleging about his earlier fraudulent act in forging your signature,

2. This will act as a record for you in case he further forges your signature,

3. He may forge your signature and impersonate you through someone in registering the said false POA,

4. So, publish a notice in local Newspapers declaring that your scheduled property is not for sale and you have never given or will give any POA favouring anybody,

5. Vist your property regularly and put a board on the site stating that the property is not for sale and you have not and will not issue any POA in favour of anyone.
Krishna Kishore Ganguly
Advocate, Kolkata
18749 Answers
452 Consultations

5.0 on 5.0

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