A 92-year-old man and his granddaughter have come forward to report that a possibly fraudulent notarial power of attorney document has been used to overturn a previous legal arrangement, effectively stripping the family of their sole residence. This troubling case involves local notaries, the Housing Department, Physical Planning, and the Bauta Municipal Prosecutor's Office in Havana.
The family, through various social media platforms, claims to have filed formal complaints regarding the forgery of public documents and the theft, but asserts that after months of efforts, the authorities have yet to provide a resolution.
The elderly man emphatically denies having signed or agreed to the power of attorney that revoked the one he had previously granted to his granddaughter—who is a co-owner by right of representation—and that could have enabled the sale or transfer of the property to third parties.
Alleged Notary Irregularities
A new power of attorney, allegedly issued at the Bauta Notary by notary Arais Hernández Loyola, reportedly annulled the prior arrangement and authorized third parties to "buy, exchange, sell, set prices, and receive payments," even suggesting that the elderly man was "gifting" his home. The family strongly asserts that such consent was never given.
Yenisey González, the granddaughter, alleged that the revocation of her power of attorney was not promptly entered into the notarial system, which effectively "concealed" the action and allowed the new attorney-in-fact to proceed with transactions involving the Housing Department, Physical Planning, and legal firms.
Family's Fight for Justice
The elderly man challenges the logic of a document that would leave him and his family homeless. "Do you think... I would create such an egregious power to hand over my house to anyone? It would be the lowest... to take the house from my granddaughter and great-granddaughters, who have taken care of me," he stated, pleading for "justice to be served."
The granddaughter recounts that, after temporarily leaving the country with her daughter, she left the home under the care of acquaintances. Upon her return eight months later, those individuals claimed to have "purchased" the house.
She reports being effectively evicted, with officials from the Housing Department and Physical Planning conducting measurements of the property, and a "new power" circulating—complete with last will acts and declarations of heirs attached—that she does not recognize and considers void.
Authorities Under Scrutiny
The family points to notaries Yanet Cabañas, Arais Hernández Loyola, Iris Moreno Villamil (or Iris Villamil), and officials like Nora (head of the notary) and Mariceli (Property Registry) as involved parties. Despite early warnings, they were initially told that "everything was in order" and later informed that the revocation had not been updated in the system.
Municipal authorities reportedly processed a new technical report on the property without the primary owner's (the grandfather's) consent, admitting that the property "had been sold," despite previously denying any fraud, according to the family's account.
The family claims to have filed complaints; the Prosecutor's Office reportedly stated it would initiate investigations and summon individuals, but—according to the complainants—the case has become mired in delays spanning weeks and months without a definitive response.
Contacts have been made with the Communist Party of Cuba (PCC) in Bauta (official Leonardo), the provincial PCC (official with the last name Vinajera), the Provincial Justice Directorate of Artemisa (director Dialeidis), the Ministry of Justice, Citizen Services, and the Ministry of Housing, with no conclusive progress, as reported by the family.
The family insists they have evidence and emphasizes that the grandfather never attended any notary nor gave consent for the "revocatory" power that canceled the mandate in favor of the granddaughter and transferred authority to dispose of the home.
They also question why the act did not require a medical opinion or capable witnesses to verify the grantor's capacity given his age and sensory conditions (poor vision and hearing), and why it was accepted that "all family members were outside Cuba."
The family demands the annulment of the contested power, restoration of ownership, and protection against further dispossession attempts. They urge the Prosecutor's Office and Justice Department to act swiftly, hold accountable those responsible, and prevent further delays given the grandfather's vulnerability. "This grandfather deserves justice," states the complaint shared on social media.
Questions about Notary Fraud in Cuba
How can a notarial power of attorney be challenged in Cuba?
In Cuba, challenging a notarial power of attorney typically involves filing formal complaints with relevant legal and governmental bodies, such as the Prosecutor's Office, and providing evidence of fraud or lack of consent.
What steps should be taken if one's property is fraudulently taken in Cuba?
If a property is fraudulently taken in Cuba, the affected parties should report the incident to the police, file a complaint with the Prosecutor's Office, and seek legal counsel to challenge the validity of any fraudulent documents involved.