• Fraud on doing a irrevocable power of attorney

My friend at one time help me get a bank account and RENEW my driver liscence so she had access at one point of my personal information such as ss # dl. Now i found out by my bank that she wanted to do transactions on my account on my behalf. she file a irrevocable power of attorney stating that i gave her the power which its completely false. i saw the poa and its signed but its not my signature and has witness and notary and it was filed . what can i do ? do i revoke it ? but if i do does it going to mean that i did the poa in the 1st place? i have file a police report already.
Asked 1 year ago in Criminal Law
Religion: Christian

9 answers received in 1 day.

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12 Answers

Lodge an FIR against your friend.

Prepare a revocation deed and clearly state that signature is forged and not issued by you. Serve a copy of the same to the bank and also to police officials.

Sanjeev Gupta
Advocate, Delhi
118 Answers
1 Consultation

Inform the bank that you have not execute any such POA that your signature has been forged and that police complaint has already been filed regarding fraudulent POA 

 

issue her legal notice not to use forged POA 

Ajay Sethi
Advocate, Mumbai
96938 Answers
7822 Consultations

 

FIR is first information report regarding commission of an cognisance offence by the accused ie your friend and witness

 

you have already filed police complaint regarding forged POA 

Ajay Sethi
Advocate, Mumbai
96938 Answers
7822 Consultations

You issue a legal notice to her stating that the power of attorney deed in her possession is fake and that you never executed any such document neither you were interested in entrusting any task to her by any mode 

That the signature in the deed is forged and the deed is falsely created for wrongful gains hence it is not legally valid neither any task done on that basis is not binding on you nor it can ever be ratified hence you can warn her from entering into any activity on your behalf through this power of attorney deed and to refrain from indulging in all such illegal activities against your interest without your consent or knowledge with immediate forthwith.

Simultaneously you can lodge a criminal complaint against her for the offences of said illegal activities and also issue a public notice in this regard through any newspaper in the local besides endorsing a copy of this legal notice to the concerned bank.

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

FIR is the first action taken by police on the complaint made.

You cannot take any action against notary public because he has just attested the document.

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

Since POA is a fraud and fabricated document and you are not an executant then you have no power or right to revoke or cancell such fraud POA. The question of revocation only arise when you yourself had execeuted a POA. You should report the matter to police, give public notice to informing public about such fraud (Donot give name of friend) and also give clear instructions to bank not to allow any other person except you in operating your account etc. Act under guidance of a competent lawyer. 

Siddharth Srivastava
Advocate, Delhi
1348 Answers

File a Police complaint.

Take a paper publication cautioning public in general not to engage with the person (so called your POA holder) representing you.

 

You can not claim against the Notary if he/she done their duty without intention of cheating.

FIR is the filed by the police to the magistrate to take cognises of the offence.  

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

A notary is duty bound to verify the executant's identity and satisfy himself/herself about the genuineness before attesting a document. If he/she has acted in collusion, you may bring a criminal charge against him/her too.

Swaminathan Neelakantan
Advocate, Coimbatore
2914 Answers
20 Consultations

You need to file an FIR in the said case

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

- Since, you have already given the complaint to the police , then you should forward the same to the bank with an application

- Further, send a notice/legal notice to the said friend for the revocation of the POA , and ask for the refund of the amount withdrawing without your consent , and mention that if not refund then you will legal action against him for the offence of cheating , forgery and breach of trust 

Mohammed Shahzad
Advocate, Delhi
14513 Answers
221 Consultations

File police complaint immediately for forgery.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Revoke the Power of Attorney: If you believe that the power of attorney (POA) document was fraudulently created without your knowledge or consent, you should take steps to revoke it. Consult with your attorney to understand the proper legal procedures for revoking a POA in your jurisdiction. Revoke the document as soon as possible to prevent any unauthorized actions being taken on your behalf.

 

Police Report: It's good that you have already filed a police report regarding this matter. Provide the police with all the evidence you have, including the fraudulent POA document, to support your case.

 

Consult an Attorney: It is essential to consult with an attorney who specializes in criminal law to assess your situation thoroughly. They will be able to guide you on the best course of action and help protect your rights and interests.

 

Notary: If you suspect that the notary involved in the process acted improperly, you can consider pursuing legal action against them. However, the specific laws and procedures regarding notaries vary by jurisdiction. Your attorney can provide guidance on whether pursuing a claim against the notary is a viable option in your situation.

 

FIR stands for First Information Report. It is a document that is filed with the police in certain countries to report the commission of a cognizable offense. If you have already filed a police report, it is likely that this report is similar to an FIR.

 

 

Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

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