If your lawyer has colluded with the opposition and fraudulently changed the Power of Attorney (POA), you have strong legal remedies. A Power of Attorney is governed by the Power of Attorney Act, 1882, and it only authorises the agent to act within the scope given by the principal. If the lawyer, without your consent, substituted or altered the POA, it amounts to fraud and professional misconduct.
Under Section 17 of the Indian Contract Act, 1872, fraud includes acts of concealment or deceit, while Section 420 IPC makes cheating a criminal offence.
You may file a criminal complaint against the lawyer for fraud, forgery, and criminal breach of trust under Sections 409, 468, and 471 IPC. The fraudulent POA can also be challenged in a civil court under Section 31 of the Specific Relief Act, 1963, seeking cancellation of the instrument.
Additionally, you can move the Bar Council of India or State Bar Council under the Advocates Act, 1961, Section 35, for disciplinary action, as collusion with the opposite party is a clear case of professional misconduct.
The Supreme Court in P.D. Khandekar v. Bar Council of Maharashtra (1984) held that an advocate acting against the interest of his client amounts to gross misconduct warranting strict punishment. Similarly, in T. C. Mathai v. District & Sessions Judge (1999), the Court emphasized that a POA must strictly adhere to the authority granted. You should immediately revoke the fraudulent POA by issuing a public notice in a newspaper and notifying the registrar or court where it was misused.
Legal remedies include seeking restoration of your rights, damages for losses suffered, and disciplinary punishment for the errant lawyer. Courts in India treat such acts seriously to uphold the sanctity of attorney-client trust.
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What can I Do if My Lawyer Colluded with the Opposition and Changed the Power of Attorney?
shivam
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2025-09-21T11:45:31+00:00 2025-09-21T11:45:33+00:00Comment
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