• Property in Bangalore

I live in the United States. My ex-husband and I bought a flat in Bangalore in 2004 - the property deed and loan documents have both our names on it. We gave the power of attorney to my ex brother-in-law.

During the divorce filed in the US, the property was given to him - but half of that property's value was given to me. This decision was based on the lie that my ex-husband stated in the court. He said that the down payment was made by his money from before marriage. Later he told me that 25% of the down payment was made by the money my parents gave as dowry. 

I want to file a case against him in Indian court and get half the property in the name of our daughter. I am not signing on the property transfer documents for the reason that I want to file a case in India. I am afraid that he might sign my name on the documents himself. How can I stop this? How can I make sure that unless I am present in-person and sign with witnesses, no one should consider my signature on papers. 

My questions are:

1) Is it possible to file such a case in India? 
2) How can make sure that my signatures are not considered unless I am present in-person?
3) How can I withdraw the power of attorney?

Your guidance is highly appreciated.
Asked 7 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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8 Answers

1)you must immediately with draw the power of attorney given to your ex BIL

2) issue notice to BIL that POA executed in his favour has been revoked

3) issue public notice in local newspaper that POA has been revoked

4) if your POA has been with drawn then for property transfer your personal presence would be necessary

5) sub registrar would insist on your personal presence with identity proof ie your PAN card

6) if your husband signs your name on the documents he would be committing the offence of forgery which i doubt he would do

7) you can file suit for partition to claim your 50 per cent share in property in india

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1.Since you have not transferred your half share as yet so you can still claim your share in the proeprty.

2.For this you can take possession of the falt and continue to keep the same,may be,by staying there or putting someone therein.

3. Thereafter you can file suit for partition and injunction.

4. You can file the case through POA to your father or brother.

5. You can execute a deed of Revocation to withdraw the POA.If the POA was registered then Revocation deed is also required to be registered.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. If the court in US has passed a decree of dissolution of marriage wherein a full and final settlement has been executed then it acts as a bar to any further litigation in Indian courts with respect to the property unless you assail the decree itself and seek a declaration from the court in India that it is not binding on you. Fraud is a ground on which you can challenge a foreign decree of divorce before the competent court in India, but you will have to lead insurmountable evidence to prove that he committed fraud before the US court.

2. Consult a lawyer personally with a copy of US decree.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

you can file case in India because property is situated in India. you can retract POA anytime without making any clarification because it is prerogative of the principal (maker of POA) to cancel it anytime by giving a notice in person or in public.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

2) How can make sure that my signatures are not considered unless I am present in-person?

you can give an application along with details of property before the registrar that please not consider my signature unless I appear personally then the registrar shall make an entry in Book 2 of the record thereafter property cannot be transferred unless you personally appear for the same.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hi, first you have to issue a legal notice for cancellation of the GPA executed by you and you have also make paper publication to that effect.

2. If your ex-brother-in-law has transferred the property then you have to file suit for setting aside the sale deed in favour of third party.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

1. The decree of divorce passed by USA Court is not valid in India unless it has been validated by an Indian court against filing of a petition praying for validating the said foreign decree of divorce. You can file a partition suit claiming 50% share of the said flat jointly held by both of you in India.While pursuing the said suit you can advance your said argument that he had paid 50% of the consideration from the money he had received from you during the marriage. ( If critically analysed, dowry received is his money though it is illegal to receive dowry. if he can prove that it was gift then it was his money.You are required to state that he had paid 50%, not 25% of the total consideration form your money while buying the flat).

2. If he forges your signature in any transfer document, he will be sent to jail. If you file a partition suit, the case will be on trial and there will be no question of his faking your signature in any transfer document.

3. You can send him a registered lettr withdrawing the POA you had given to him and thereafter publish extract of the said letter notifying the public that you have withdrawn/cancelled the POA you had executed in his favour and if anybody deals with him in connection with your said property, he will do it at his cost and consequences.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. If you have agreed to the property sharing conditions as stipulated in the post-nuptial agreement, then it would be difficult for you to challenge the same in Indian courts.

Since the property is in India, you can file a partition suit seeking partition and separate possession of your share in the property ignoring the fact that there was an agreement already signed in this regard in a court in USA.

You may file an application also seeking permanent injunction agaisnt your husband from selling the property or to create any encumbrance in it especially without your consent till the disposal of the main suit and you may implead the registrar as necessary party seeking direction to him to not to entertain registration of any transaction on this property till the disposal of the main suit.

You can issue a notice to him informing him that you are cancelling the power of attorney deed issued to him and a copy may be endorsed to the concerned registrar if the same is a registered document.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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