• Dummy power of attorney

I am from Ahmedabad ,Gujarat.My question is my father bought a tenament in one of the posh areas of ahmedabad some 35 years ago which was bought in name of mother.It was being purchased by my fathers' own earned income and not any inherit asset.Now my elder uncle who is supposed to be an elder brother of my Dad was facing through some bad phase of life some 35 years ago and my father just with an intension to help my uncle and his family gave a shelter to stay in property which is in the name of my mother.But as time spent and uncle's children grown up they were bit greedy to snatch this property from us and one fine day in April 2008 they produced a dummy power of attorney in the name of some third party and executed a sale deed in the name of my aunt i.e. my elder uncles' wife,but we were under faith and trust and didn't check the title of the property but suddenly when we had a doubt of some malpractice is done we checked the revenue records in 2012 and found that they executed a sale deed with the help of POA.Now in Gujarat till august 2008 sale deeds were being executed through only Notarized power of attorneys and it was not required hardly to registered them. We filed a  civil suit against them in 2012/13.But it is going so cautiously and we are literally tired also they are freely enjoying their rights of possession.My parents are senior citizen currently and my elder aunt is also senior citizen.We tried our level best to get certified copy of POA from revenue record so that we can prove that the POA is fraud but post our several efforts we could not retrieve records from reveue authorities.Request to advise whether can we fetch records by any means to set the evidence ;from revenue or any other government departments ?how far it seems that the chances in fighting this battle are more bright in our favour since they are enjoying the rights of possession since years.How can we create a pressure so that atleast they can sit for the settlement and we can have some interim monetary benefits?
Asked 6 months ago in Property Law from Ahmedabad, Gujarat
Religion: Hindu
A comprehensive search in the office of sub-registrar through a lawyer should get you the POA on the basis of which the fraudulent transaction was done by your uncle. Your aunt will lead the POA in her evidence in the court to prove that the sale was done after authority had been vested in your uncle by your father. Unless the other party feels the heat it will not come to the negotiating table. At this moment they are in the driver's seat as your suit is pending in the court. You may in the fitness of things move the High Court for an expeditious disposal of the case. 
Ashish Davessar
Advocate, Jaipur
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It is absurd that the records are not maintained after 5 years. The records are to be maintained even for those documents which were registered 100 years back. RTI wont get you anywhere as even if you go to State Information Commission the revenue authorities will file an affidavit that the record is destroyed whereupon the SIC will accept it and then close the case. So move the High Court which has the ultimate baton that can send shockwaves to these babus.
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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1) it is true that in 2008 registration ofPOA was not necessary 

2) however if mother had executed POA in favour of third party on basis of which sale deed regd.abd yiur mother signatures were forged then file complaint of cheating , forgery against dummy third party , uncle and aunt 

3) further if sale deed executed on basis of POA it was necessary to attach POA to sale deed

4) your mother has to file declaratory suit that she is owner of property and to set aside sale deed executed in favour of aunt on basis ofPOA 

5) aunt will have to produce POA if she is claiming  ownership of property 
Ajay Sethi
Advocate, Mumbai
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since you have  already filed civil case in 2012 move high court to expedite trial ofyour case on grounds that mother is a senior citizen
Ajay Sethi
Advocate, Mumbai
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1) the title of aunt is based on fraudelent POA on basis of which sale deed was executed 

2) if on defence to your suit aunt claims she is owner she will have to produce POA 
Ajay Sethi
Advocate, Mumbai
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Hi You have filed a suit and in the suit your opponent has filed a written statement stating that as per the Power of attorney executed by your father to so and so from them they have purchased the property.

2. Now you can file an application under order 12 rule 8 of the Code of Civil Procedure, Notice to production of documents. Suppose if they failed to provide the copy of the documents to the court then adverse inference will be drawn against them.
Pradeep Bharathipura
Advocate, Bangalore
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.Request to advise whether can we fetch records by any means to set the evidence ;from revenue or any other government departments ?how far it seems that the chances in fighting this battle are more bright in our favour since they are enjoying the rights of possession since years.How can we create a pressure so that atleast they can sit for the settlement and we can have some interim monetary benefits?

Firstly tell who filed a suit and what is the nature of suit and what is the cause of  action for the suit.
If you have filed the suit for declaration and possession then you should be having the title document in your possession.  This is the base for your suit.  Why Do you worry about their power of attorney document, if they rely upon it then they will file that before court to prove their case at least to defend themselves.  You will not get a copy of the unregistered power of attorney deed.  You have to wait for them to file this after which you can challenge its genuineness.
T Kalaiselvan
Advocate, Vellore
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so what other things legally we can do to feel them pressure since we have been known that there can be a time limit issue in filing more civil or criminal case to commit a fraud so is that true that we are not under the spacified time limit?

In civil suits nobody can assure a time limit because the delay is caused due to various factors, hence it cannot be predicted.
If somebody gives an assurance of any specific time limit then he is cheating you for his wrongful gains.  
If there is no settlement then you may have to wait.  If you had  waited for 35 years then this is nothing.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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What are the ways and means to get the records from revenue records since post our approach to revenue authorities they are replying like they do not maintain the records after 5 years of registration and as far as POA is concerned they are simply saying that there wasn't a hard rule of producing registered POA , Simple notarised POA was only shown and not kept as an attachment when sale deed was executed and so they may not give us copy of the same evenif we do an RTI they may simply give us a revert that "Records are destroyed" hence what to do to find a POA?

As I told you earlier the authorities may not be having the records because of the nature of the document that was produced before them.
You can wait for the opposite party to produce the same to defend themselves, then you can challenge the same  and if they dont produce them then their case will become weak and they may not be able to defend their case.
Either way it will be a situation advantageous to you. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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