This case study is based on a real case of a senior citizen living abroad. Mrs. Sharmila Bhatia is a widow and has two sons. The Bhatia family were living in South Delhi and owned a house. In 1999, the family migrated to Australia. In 2009 Mr. Vinod Bhatia suffered a cardiac arrest and died. Mrs. Bhatia after the death of her husband has been living alone. Her two sons Alok and Akhilesh live in different cities with their families. The house in Delhi was inherited by her by way of a will of her deceased husband. There were constant arguments between the mother and the sons regarding the sale of the India property.

She was living in Australia and due to her ill health; she was unable to take care of the houseat Delhi.Alok and Akhilesh assured her that they will provide with the rental income drawn from the property. Being the mother she immensely trusted her sons and entrusted them with the property and the control. The one thing she was very careful of not signing any documents and giving to the sons. Even though they constantly asked her for issuing the power off attorney but she did not. The rentreceivedfrom the property was some months the income was neither handed over by the sons nor deposited in her bank account.She started asking her sons who refused to take her calls and even did not see her for months. Mrs. Bhatia had good relations with her neighbors in Delhi and was in touch with them.There were calls from her neighborsin India who informed that there were real estate agents/property dealers visiting the property on a daily basis. In fact they sent her pictures of hoardings on property which said that “the property is for sale”. Mrs. Bhatia was taken back and tried contacting her sons who were the care takers of the property. Left with no option, she made arrangements with special assistance to travel to India to stop what was going on. On reaching Delhi she rushed into the property and to her dismay there were some third party who claimed themselves to be new owners of the property. She immediately rushed to the local police station. The police accompanied her to the property. On enquiry from the new owners it came to their knowledge that there was a sale deed executed by Alok Bhatia based on power of attorney given by Sharmila Bhatia. When she saw the document she was shocked. She never issued any power of attorney. Mrs. Bhatia was completely heart broken. She did not know what steps to take. Her neighbor then guided her to pursue the legal remedies by using some top law firm. With the help of her NRI lawyers, she filed police complaint for cheating and forgery and police was actively investigated the matter and registered a case against the wrongdoers. She alsofilesa case in civil court to seek the possession of her house and cancellation of the sale deed which was on the basis of a false power of attorney. After strong fight in the court she today stands back in possession of the house. It was proved in the court that the power of attorney on the basis of which Alok had signed the sale deed was a forged document and did not bear her signatures. In fact the power of attorney was of the day when she was not present in India.

She has disowned her sons for cheating and breaking her trust. Mrs. Bhatia has decided to sell the property while she is alive so that it does not lead to another dispute.