Am I being defrauded?
My dad has purchased a flat in Bangalore long back and plans to sell the property. As he does not stay in India he gave me power of attorney to sell the flat. He contacted a broker and gave him all the photocopies of all the documents including PAN card, bank account details etc. He even gave him the photocopy of power of attorney . I have all the original documents with me. As I stay very far from the flat,we even gave him the keys to show it to buyers. 3 months back he called me to inform that he had found a buyer and he will make all the documents to sell and call me to sign. He didn't even made me meet the buyer. Every time I call him to ask he gives me excuses that the buyer has applied for loan and it's getting rejected.i am planning to visit the flat after 1 month. My concern is Can he commit any fraud?? I am concerned because from last 3 months I have not visited the flat? Can he sell the flat with the photocopy Xerox?? Can he make fraud documents??? Please help me.
your query is a stituation that u assume can happen. first go and check what it is. xerox of POA will not not help. Still u avoid any problem, take the papers from him.
Answered by Arnab Ray, Lawfarm Researcher:
You have mentioned that the property is owned by your father and he has given you the power of attorney to sell the property. So, I would say that there is no reason to worry about. Since the power of attorney is in your name, the property cannot be sold without your signature on the sale deed. It is highly unlikely that the broker can pull off some fraudulent actions and sell the flat, although he has the Xerox copies. The fact he has the Xerox copy of your power of attorney is evidence of the fact that only you are entitled to sell the property. Even the prospective buyer would not buy the property unless he/she has the proper authorized sale deed. And only you can provide him/her with that, not the broker. However, I would suggest that you take out some and visit the property physically to avoid any confusion and insist on meeting or having a word with the prospective buyer. The most he might do, is allow someone to reside in the flat (as he has the keys) for a rent which he is collecting. So, make it a point to visit your property at the earliest to be sure. Hope this helps!
Book a phone consultation with a top-rated lawyer on Lawfarm.