Respected Forum members,
A very important query I m asking for a fare justice in following issue.
A person suffering from depression and was under treatment of a private psychiatrist.
during treatment period, dominating wife make him ready to give registered power of attorney to buy a property in her name (which registerd agreement has been done by husband with full payment) and than she added her name as co-owner in husband's self acquired remaining properties.
One important point is ,wife purchased properties but didn't make husband co-owner in that properties.
1. Can Husband Cancel POA?
if yes, How to proceed?
2.Can Husband Cancel her added name in his self acquired Properties?
3. Can one property get registered thru husband's POA by wife, get back in husband's name?
If Yes ,what will be remedy?
Thanks a lot.
1. Can Husband Cancel POA? if yes, How to proceed?
Yes anytime the POA can be revoked/cancelled. If the POA was registered in the court then in the same court you need to register the cancellation of POA,if it was notrized then do likewise. Or simply forward the notrized cancellation of POA to the socncerned sections where you fear it will be used ,or publish through news paper
2.Can Husband Cancel her added name in his self acquired Properties?
Depends on the way the name was included, it that is through sale deed then difficult to prove and revoke the sale. However you can chellenge the documents on the count of fraud and cheating.
3. Can one property get registered thru husband's POA by wife, get back in husband's name?
Transfer of immovable Property cannot be made through POA, if the mutations have been effected thay can be reversed by genuine owner
If Yes ,what will be remedy?
