What Is Forged Power of Attorney and Inheritance Fraud? How to Protect Yourself Legally?

Beware of Inheritance Scams: How to Defend Yourself Against Legal Traps? 

Every year in Turkey, thousands of people lose their inheritance rights or become victims of fraud due to transactions made using forged documents. One of the most common and dangerous methods is the sale of real estate using a fake power of attorney. 

But what exactly is a forged power of attorney? How is inheritance fraud carried out? What legal steps can you take to protect your rights? This article provides clear answers based on Turkish law. 

What Is a Forged Power of Attorney? 

A forged power of attorney is a fake legal document created without the knowledge or consent of the person it supposedly represents. These documents often involve: 

• Elderly individuals, 

• People living abroad, or 

• Recently deceased persons. 

Fraudsters use these fake documents to: 

• Sell real estate without the owner’s knowledge, 

• Withdraw money from banks, 

• Conduct transactions in public offices. 

How Is Inheritance Fraud Committed? 

One of the most common schemes involves transferring real estate to third parties using forged documents without informing the rightful heirs. 

Here’s how it typically works: 

1. After a person’s death, the fraudster identifies property owned by the deceased. 

2. A fake certificate of inheritance or power of attorney is created. 

3. The fraudster completes the sale process at the land registry office. 

4. The property is then either sold for cash or transferred to someone else. 

Unfortunately, registry officers may not always detect fake documents, especially if they seem formally correct. 

Legal Remedies Against Inheritance Fraud 

If you discover that a property you inherited has been sold without your knowledge, take immediate action: 

1. File a Criminal Complaint 

According to Article 204 of the Turkish Penal Code, forgery of an official document is punishable by 2 to 5 years of imprisonment. You must report the incident to the prosecutor’s office to initiate a criminal investigation. 

2. File a Lawsuit for Cancellation of the Title Deed 

Any transaction based on a forged power of attorney is null and void. You can file a lawsuit at the civil court of first instance to cancel the title deed and have the property re-registered in your name. 

3. Claim Compensation from Notaries or Land Registry Officials 

If a notary or registry officer acted negligently, the state may be held liable. Under the Turkish Code of Obligations and related regulations, you can file a compensation claim for damages caused. 

How Can You Protect Yourself? 

• Obtain a certificate of inheritance and check property records via e-Devlet (Turkish e-government system). 

• Place an annotation on the title deed to prevent unauthorized sales (“can’t be sold without consent”). 

• Never give blank or overly general powers of attorney. Always consult a reliable lawyer. 

• If you live abroad, make sure your power of attorney is notarized and apostilled properly. 

Remember: Your Inheritance Rights Are Protected by Law 

Inheritance fraud is a serious offense. Never hesitate to pursue your rights. If you notice suspicious activity, consult a legal expert immediately to initiate proper legal action. The sooner you act, the better you can protect your inheritance.