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Joint FIR Through POA / Affidavit. Is It Possible ?
19-Jan-2025 (In Criminal Law)
Can a FIR filed thr. POA .ME & MY BROTHER HAS PURCHASED TO FLATS FROM BUILDER. 1 FLAT IN MY NAME & 1 IN MY BRO NAME. UNREGISTERED AGREEMENT TO SALE HAS BEEN EXECUTED & THE BUILDER IS NOW DENYING MY RIGHTS ALSO IT IS COME TO KNOWLEGE THAT HE HAS PERFORMED CHEATING FORGERY ETC.THE FLAT SOLD TO ME IN 2020 WERE ALREADY MORTGAGE TO BANK IN 2018.
NOW TO FILE POLICE COMPLAINT BUT MY BRO IS HESITANT TO GO TO POLICE STATION.MY BRO IS PURCHASE THE SAID PROPERTY BUT EVERYWHERE IN NEGOTIATIONS ETC I WAS COORDINATING ON HIS BEHALF. Everything is done by me except he making the payment and signing the agreement to sale.
Can I file a police complaint WHERE complaint 1 will be me and I will be representing my younger bro complainant no 2 thr. P.O.A ? If POA not ACCEPTABLE what is the other way BY WHICH he won't be needed to GO to police station. Is affidavit of complaint done by him ok as complainant no 2 and I (No 1) will always anyways go to police & do all the works such as filing the FIR etc.
A mere filing of a police complaint won't be sufficient for this scenario; to make the complaint convert into an FIR, you must be able to properly constitute a proper complaint with cause of action and it should be highlighted before the commissioner of police and Hon'ble court so by this proper inquiry would be conducted.
For more information & to take action against the builder kindly contact.
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Adv. Abhinav A. Bhatkar
Mumbai | 100+ Answers
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You can file a Complaint on behalf of your Brother for the Crimes or Offences committed against him, infact anyone can set the Criminal Law into motion, despite an offence or crime has been committed against him or not, in your case, you can file a Criminal Case by lodging a Police Complaint to get your rights as well as the rights of your Brother protected too.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Dear Client,
Thank you for sharing the details of your situation. From the facts provided, it appears that the builder has committed a serious offense by selling flats that were already mortgaged to a bank, which amounts to cheating, forgery, and other criminal breaches of trust. Let me address your queries step by step:
1. Filing an FIR Through Power of Attorney (POA):
Legal Standpoint: Generally, filing an FIR directly through a Power of Attorney (POA) is not permissible because an FIR involves a criminal offense and must be lodged by the person who has firsthand knowledge of the offense or is directly aggrieved. Police authorities typically require the complainant to appear in person to provide their statement.
However, if your brother cannot physically go to the police station, there are other options available, which I will discuss below.
2. Options for Your Brother to Avoid Physically Visiting the Police Station:
A. Affidavit of Complaint:
Your brother can execute an affidavit or notarized declaration detailing his complaint and authorizing you to represent him in the matter.
This affidavit must clearly state the following:
The facts of the case.
His relationship to the property.
That he authorizes you to file the complaint on his behalf and take all necessary actions.
You can then file the complaint on behalf of yourself and attach his affidavit as supporting evidence. Police may accept this if the matter is straightforward.
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Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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