Property dispute after divorce
S M
(Querist) 02 April 2012
This query is : Resolved
Husband and Wife purchased the property together. Later on they got divorced as the husband abdomen the wife. She solely raised the kids and paid the rest of the amount owed on the house. After 10 years or so of the divorce she got clearance on the property from court and DDA – free hold and sold the house. Now the husband suddenly appears and says he has power of attorney ( he was asked by court to return it) and reopened the case.
All along the court proceedings husband was not presented in person – always represented by the attorney.
To come this far it look more than 10 years.
Could you tell me what will be the best way to proceed with this case and have this quickly resolved.
ajay sethi
(Expert) 02 April 2012
you have stated that wife has got clearnce of property from court and DDA . please clarify if property was in joint names how can wife sell the property?
Adv. Chandrasekhar
(Expert) 02 April 2012
she sold the property which is free hold and has got clear title on her name. So, there won't be any cause of action for husband. some people file frivolous cases only to harass other people.
S M
(Querist) 02 April 2012
Thanks for the reply.
Property was in wife's name and husband had part of the POA. DDA gave the freehold and clear title under her name only when court gave orders.
To expert - Mr Chandu:
This there a way to stop the harassment by the ex-husband - he keeps harassing her by putting n number of cases against her and does not even appear for one.
Thanks for your input on this.
Raj Kumar Makkad
(Expert) 02 April 2012
Wife should cancel her GPA given in the name of her ex-husband and should get it published in the news-paper so no question arises to have any harassment from his side.
Anirudh
(Expert) 03 April 2012
Dear Mr. Makkad,
In this case, I don't think that the wife had given any POA to her husband. On the contrary, when the property was purchased the vendor might have given the POA.
Raj Kumar Makkad
(Expert) 03 April 2012
No definite reply can be given if the facts are not disclosed. Probabilities do not require exact reply.
V R SHROFF
(Expert) 03 April 2012
If property purchase together, How wife could sell without the Signature of Husband??
Can't agree with this statement.
SAINATH DEVALLA
(Expert) 03 April 2012
Dear Querist,
You have not given the clear subject of your query.You say both of them purchased the property together.But at the time of divorce being granted the husband would have certainly raised regarding the property or settlement of the property in the court itself.I don't think POA ever existed.
Hence your submission is not complete.
S M
(Querist) 05 April 2012
Hi All,
Thanks for you input on this. Let get some more facts together and get back to you.
S M
(Querist) 06 April 2012
Hi All,
Sorry for the delay. Please find details about the case below.
• Husband and wife purchased the DDA registry from an owner in which husband got the power attorney. He was the loan owner and wife was the guarantor. After 4 years or so after getting the house husband defaulted on loans and bank contacted the wife about the same. Then husband disappeared and moved out of country. Wife then onwards made payments on the loan and paid off the house. Wife filed the divorce based on cruelty and abandonment and got the same. Wife later on moved along with kids out of country as well.
• While both of them away house was vacant. One fine day husband appeared and broke into the house and started living in the house and tried to sell the house. Wife found out about it and returned to India and filed police complaint against the husband for the break in. She filed court case against the husband stating husband has not right to sell since she made payments on the house. She got stay order from the court that husband should not be allowed to sell the house without her permission. Husband disappeared again. Court case went on and judgment was given the since wife made payments on the house she will be the owner and Judge made husband’s POA invalid and asked him to return in to wife. Which has not be returned till date. It has been 5-6 years since the orders has been issued.
• Upon receiving the judgment wife filed for free hold for the house with DDA and got registry in her name. And finally house was sold. Now husband appears and claims he is the owner and she has no right to sell. He files in court claiming property belongs to him ( bases on the POA he has) and wife has committed fraud. During the court hearing Judge reopens the case based on the ownership. Husband in his case did not mentioned that judgment was given against him previously and that his POA was invalid. Judge also without asking the written or oral clarification from the other side opened the case.
• Now my question is what is how to handle this case? What is the best way to end the false claims made by husband and how to avoid legal hassles for the same in future.
I really appreciate you all for your time and input on this. Thanks again.
