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The District Court of Paphos has issued a significant judgment declaring a forged power of attorney void ab initio and annulling the transfers of 23 high-value properties that had been effected on the basis of that document.
Elias Neocleous & Co LLC successfully represented the claimant, the administrator of the deceased's estate, throughout the proceedings.
Following extensive trial proceedings and a comprehensive assessment of the evidence, the Court accepted the claimant's evidence as credible and persuasive, while rejecting the evidence presented by the defendants.
The Court found that the disputed power of attorney, which had been used to transfer the 23 properties first to the deceased's daughter and subsequently to her children, had never been signed by the deceased. It concluded that the document was a forgery and had been fraudulently used without the deceased's knowledge or consent.
Particular weight was given to expert forensic handwriting evidence, which established that both the handwritten text and the disputed signatures on the power of attorney were not genuine but were imitations of the deceased's handwriting and signature.
The Court further held that the defendants, including the certifying officer who falsely certified that the deceased had signed the power of attorney in his presence in breach of his statutory duties, acted in concert to implement a fraudulent scheme aimed at unlawfully depriving the deceased of ownership of the 23 properties.
Having found that the civil wrongs of fraud and conspiracy to defraud had been established, the Court declared the power of attorney void ab initio, set aside all transfer declarations registered with the District Lands Office of Paphos and ordered the re-registration of the 23 properties in the name of the deceased through the administrator of the estate. The Court also directed that its judgment be transmitted to the Attorney General of the Republic for consideration of possible criminal offences.
The judgment provides important judicial guidance on the legal consequences of forged powers of attorney and confirms that fraudulent documents cannot produce valid legal effects in relation to immovable property transactions. It also demonstrates the effective remedies available under Cyprus law to restore property rights, even where many years have elapsed since the impugned transactions took place.
The decision further highlights the enhanced statutory responsibilities of certifying officers and the significant civil, and potentially criminal, consequences that may arise where those duties are breached.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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