Power of attorny registered abroad validity
arunkumark
(Querist) 14 August 2013
This query is : Resolved
Husband working abroad had given the power of attorney registered in 2010 to his wife who is in India .Now the husband has come to India and developed some dispute with his wife.The flat registered in the name of husband and now wife is pressurizing the society committee to transfer the flat in her name on the basis of power of attorney regd abroad in 2010.The husband is trying to sale the flat against his wife,s wish.
The owner husband is here in India then how far the poa registered abroad can be used against him by his wife.What is the roll of society in this and the validity of the poa. Whether poa registered abroad can be legally accepted by Indian law.please advise.
M.Sheik Mohammed Ali
(Expert) 14 August 2013
as per your query, your husband made POA on you, while so, the POA can made sale deed to others not herself, so the fact you executed POA as your favour, its not valid one deed. any way consult with lawyer.
where are you from ?
arunkumark
(Querist) 14 August 2013
i am from pune.my querry is about the validity of poa registered abroad in 2010.Whether it is accepted by indian law when the person issueing the poa is present here in india.
prabhakar singh
(Expert) 14 August 2013
The POA executed abroad but not registered in India in office of concerned registrar
is of no use in my view.
Moreover it should be understood that executing any POA by a person means appointing a agent hence principal can REVOKE POA any moment to terminate powers
of agent appointed.
Here HUSBAND is in India willing to sale can sale without any interruption from WIFE.
WIFE has no right to check HUSBAND as his POA.
arunkumark
(Querist) 14 August 2013
Mr.Singh thanks for the convincing reply though the reply is not in my favor but the technical feasibility is clear.
prabhakar singh
(Expert) 14 August 2013
You can explore your other rights as wife,such as creation of a charge on basis of your right to maintenance .Consulting local lawyer practicing civil side of law may prove beneficial.
prabhakar singh
(Expert) 14 August 2013
A DV act proceeding for shared house can be even better idea as you can get injunction against him and he would not be able to sell but the cost of it would be loss of relationship between you two.
Then better you decide what to do?
as i saw you hopeless after my first advice
i have explored possibility of other remedies.
arunkumark
(Querist) 14 August 2013
thank u so much mr.Singh
