Archived forum thread. This discussion is preserved for posterity from the Legally India Topical forum and is no longer active.

general power of attorney

AnonymousLLB 11 Jun 2013, 17:03

hey,

my father had died in 2001, leaving my mother , brother, sister and me… now the case was that my taya had forced my mom to sign the general power of attorney, i being the eldest in the family was just 12yrs old, and my mother a simple housewife did not understanding the consequences signed it under pressure. and later to sell properties my mother was further forced to sign the papers.. he has sold many properties and has not even given us any account of the money that was recieved…everything that was recieved by selling our properties the check may b in my mothers favour but after it was cleared, the amount was t?f to his acoount as he had even got the signing athority of my mother’s bank account… the years have been traumatic, as for basic financial needs also we have to be dependent upon him… i have completed my law and really want reliefe from this… as it getting worse day by day… we do have several properties left that obviously cannot be sold now as me and my brother are adults… but the power of attorney needs to be revoked as for my dad”s company … please help me with the procedure of the same…

1 Reply

AnonymousLLB 12 Jun 2013, 10:30

Consult a lawyer and prepare a revocation deed cancelling the power of attorney. Reference will have to be made to the PoA itself. If your taya has used it to dispose properties, then it must have been registered with the jurisdictional Sub Registrar. Obtain a certified copy of it from the Sub Registrar’s office.

Take criminal action against your taya for having made your mother execute documents against her will, and civil action to either set aside the sale of the properties, or for a proper account to be furnished and for recovery of the amounts received through the sale.

The Sub Registrar within whose jurisdiction the lands are situated will have the sale deeds in respect of transactions carried out by your taya.

Refine the above and strengthen it with court room strategy to enter into a settlement in mediation that protects your family’s rights.