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Anonymous
in Civil Law Criminal Law
Asked October 04, 2017

Power of attorney misused

  • 1 Answer
  • 217 Views

My father purchased a house in Kanpur, back in 1986, in the name of my grand mother and gave the power of attorney to my bua. Further, he gave the house to my chacha to live. After the death of my grand mother, my father build two storeys on the same house and started living there. But, with the course of time fighting and internal issues started between my father and my chacha and he convinced my bua to transfer the house in his name. and it happened. I want to know how can I get my house back.?? My father has already filed a case against KDA for such a fraud registry and it has been 12 yrs no decision has come up. kindly help me with my query. so that my father can have the property back.

Answer 1

 

 

 

Dear Sir/madam,

Section 405[1] of the Indian Penal Code mentions Criminal breach of trust. The point being that your father need to produce some sort of documentary evidence to back the facts in the existing case. Because On paper, your bua seems to be the actual and absolute owner of the property. Now the property is at the disposal of your bua. Maybe some money trail/transactions can be presented in front of the magistrate, which was used at the time of buying the property, to show that actually your father paid for the house.

 

[1] Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”

Agree Comment 0 Agrees over 3 years ago
  • Default avatar
    Anonymous
    hi, thanks for this piece of advice, but the case is still in court, as we have registered the case in 2005. i also want to know how long will take for the final decision. this is a very big issue as the cases consumes a very long period of time to provide justice.
    Agree 0 Agrees over 3 years ago


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