Legal Question in Criminal Law in India

sir, I took over a partnership firm by settling other two partners by way of dd to the tune of nine lakhs (each 4.5L) in favour of other two partners and we entered into a retiring deed ,they also encashed the dd. in which one of the partner executed a power of attorney on his relative to sign retirement deed onhis behalf and the power hoder signed the retirement deed.

but now i came to know the partner who exectuted power of attorney was on that day in USA and sent the power of attorney signed by him through courier without the knowledge of EMBASSY official/in otherwords not sent through embassy.

now my question is 1) the power of attorney is valid or not?

2) if it is not valid shall i recover my money ?

3) shall i proceed with a police complaint ?

4) shall i approach court of law to recover my money?

5) is it cheating or not?

pl advise how to recover my money?


Asked on 9/08/09, 3:34 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the power of attorney was sent from US and bore the original signatures of the executor, no offence is made out. the power of attorney is valid and no civil or criminal case lies.

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Answered on 9/08/09, 3:41 am
Shrichand Nahar S.V.Nahar, Advocate

If power of attorney is duly executed and attested by a Notary Public or Consulate Officer, then same would be valid.

Actual dispatch of power of attorney by Embassy Office is not necessary.

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Answered on 9/08/09, 5:12 am


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