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Fraud consent of power of attorney
06-Mar-2023 (In Civil Law)
Hi, My father was unwell in February 2020. He got admitted in a hospital and was in a severe condition( neuro surgery). My father wants to distribute his property among his wife, 2 daughters and 1 son. My brother was not happy about this. I suspect when my father was in hospital my brother got property papers signed from him during his unconscious time at night. Or may be he took power of attorney. Now my father is back to home but he doesn't remember anything. My brother is looking for loan against my father property and showing his medical papers to financial institutions. My father is unaware of this. It seems to be a fraud. What should we do to protect my father against this fraud.
Will need to give a ad in the newspaper cancellation all previous power of attorney.
Will have to file a complaint against brother/son.
Father should make a gift deed or will and get it registered at the earliest.
File case in civil court.
Helpful?
Adv. Mohit Nandwani
Delhi | 25+ Answers
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Hello I have perused your query . In this case if the property is a self acquired property of your father then your brother is not entitled to anything in the said property unless he wishes to distribute the same by way of a will .
If despite of that your brother is looking for a loan against your father’s property then you have an option of filing a criminal complaint of fraud / cheating and criminal breach of trust.
For any further information feel free to reach out to us
Helpful?
Adv. Love Kumar Soni
Goa | 400+ Answers
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Your father must prevent the fraud son from making any further move regarding the loan or any other misrepresentation on the basis showing fake power of attorney. Your father must publish in a local as well as a national news paper in his name that he is the legal owner of his all moveable and immoveable property, and has not given any right or power of attorney to sell or use those properties without his consent.
That means your father being the owner of all the property must publish in newspapers as said above, then you must approach the bank to which he has applied for loan by mortgaging the father's property as tonlet the bank know about the fraud.
Helpful?
Adv. Sujeet Notwal
Delhi | 400+ Answers
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