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Enforceability of Agreement based on Forged POA


06-Jun-2023 (In Consumer Court Law)
If a power of attorney (POA) was given by ‘X’ to one of the Co-owner ‘Y’ of the Plot while appointing Developer to build a Building on the said plot. Development Agreement was signed between Developer and POA holder i.e. ‘Y’ Now, it has been found that POA is forged and Developer had made forged signatures on it, so FIR registered against Developer. ‘ X’ has not received any benefit as mentioned in the original POA . Copy of original POA is not with ‘X’. Now, when ‘POA’ is forged then What is the enforceability of ‘Development Agreement’ in the view of getting benefit to ‘X’ as mentioned in the ‘Development Agreement’ at least. Does “Development Agreement’ become null and void abandoning and depriving ‘X’ from his share. ‘X’ is the owner of the plot on which building is erected is the fact. What are the options available for ‘X’ to get his share? How forged ‘POA’ will be helpful in court proceeding to get share in Civil and Consumer Court?
Answers (2)

Answer #1
740 votes
"Does “Development Agreement’ become null and void abandoning and depriving ‘X’ from his share. ‘X’ is the owner of the plot on which building is erected is the fact"--
You are mixing the issues.
1)The agreement is forged is yet to be decided.FIR does not mean conviction.
2) You have not mentioned the role of Y after the agreement and his present status
3)POA does not confer title..so no one can take your title of the land
4)Have you or Y received any consideration?

These are crucial details before you can take any legal action.
Prima facie It seems, however, a positive case for you
Answer #2
799 votes
At the outset, it is requested that you share the beneficial terms of the POAs i.e. what was the entitlement of X in original POA vis-a-vis forged POA.
Were POA only notarized or it were registered?
Aforesaid details would help to form an appropriate opinion.
In order to have the Development Agreement declared null and void, you are required to file Suit for Declaration and in order to get your share as per the Original POA, you will have to seek mandatory injunction from the Civil Court.
Please consult in person for further advice.
Regards,

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