Question regarding property
john
(Querist) 31 July 2008
This query is : Resolved
answer posted in another topic
GOPI KRISHNA
(Expert) 31 July 2008
As you said your father-in-law owns a self-acquired residential property, if your father-in-law rep by his wife i.e your mother-in-law as POA has executed a Release deed in favour of his son then it is valid and your wife has no right and cannot challenge it
john
(Querist) 31 July 2008
answer already posted
nitin
(Expert) 01 August 2008
As you have said your father-in-law owns a self-acquired residential property and the POA is in the name of my mother-in-law. you have to see that whether that POA is given by the father in the naME OF HER WIFE AND BEARS THE SIG. OF FATHER , MOTHER, WITNESSES. IF IT IS SO then only mother has the right to do anything with that property
you r required to see that POA
KANDE VENKATESH GUPTA
(Expert) 01 August 2008
Mr.John,
You are stating that the power of attorney is executed by your father-in-law. But, unless and until it is registered Power of Attorney, the attorney cannot alienate the property either by way of sale, mortgage or otherwise and cannot deal with the property as absolute owner. Whether the power of attorney bears the signature or thumb impression or whether it is given at the time of ill-health, is immaterial. More over, since the property is self-acquired property of your father-in-law, he can do whatever he likes. Your wife's consent is immaterial, at this juncture. The mortage said to be created by your brother-in-law, if he has no authority, is not binding on the owner of the property i.e., your father-in-law or his wife or your wife. As your father-in-law is still alive, he alone is the absolute owner of the property and question of your wife executing release deed does not arise.
GOPI KRISHNA
(Expert) 02 August 2008
Mr John
though the POA is registered and does not bear his signature still it is valid and if there is any dispute rg POA it has be raised by your Father-in-law and not others
also the release deed executed by your wife is far relinquishing her rights over the property of her father, then the release deed is valid,
then your wife has no right over the property in question
K.C.Suresh
(Expert) 02 August 2008
Mr.Kande is right. Why because, it is POA issued by father who is still alive. It si a self acquired property. The right over the property by the father in law is still there. The release deed has nothing to do with.
