• Property rights

We are married for 18 years. My wife's father passed away in the year 2016. His property has been transferred in my wife's name as well as my wife's sister name jointly in my name as well as her sister's husband name.

Now my wife is asking divorce from me. Am I legally be entitled to this properly or should I sign any documents for transfer. I have also given power of attorney to my wife sister and her husband my properly in my name and my wife's name. 

Please confirm.

Thank you.

Raj
Asked 6 months ago in Family Law from Bahrain
Religion: Christian
Hi
You have the right in the property as your name is in it as joint owner. So you can demand or bargain on it. Your wife will have to get your share  transferred in her name
The power of attorney can be used or misused by sister in law to transfer your share so you can cancel/revoke the POA off you don't want to give away your share for free
Thresiamma G. Mathew
Advocate, Mumbai
1492 Answers
120 Consultations

5.0 on 5.0

you have no share in property standing in wife name 

2) you should revoke POA given to wife sister and her husband for property standing in joint names 

3) issue public notice of revocation of POA 
Ajay Sethi
Advocate, Mumbai
37826 Answers
2120 Consultations

5.0 on 5.0

Hello,
1) If the property was self acquired by your father in law you can hold on to your portion of the property or demand it to be divided between you and your wife equally.
2) Divorce in itself dues but take away the interest you acquired in the property through the earlier transfer.
3) You need to cancel the power of attorney immediately and notify the POA in writing about your cancelling the POA.
4) IF you want to make some monetary settlement in the divorce you may do so taking into account your share in the property and decide to make a bargain on it.
S J Mathew
Advocate, Mumbai
2163 Answers
98 Consultations

5.0 on 5.0

Dear Raj
without going through the documents or knowing the contents of the documents by which that property was transfer to the name of you and your wife, and her sister and her husband, it is very difficult to give you our best advise, it will be better to you, if you provide the same to get best of our advise.

Nadeem Qureshi
Advocate, New Delhi
4452 Answers
198 Consultations

4.9 on 5.0

Your father in law's properties shall only on his own legal heirs and not on the spouses of his daughters.

However it is not understood that how this property was transferred on your name and to your sister in law's husband's name jointly along with yor respective wives.

In the divorce process, if it is mutually agreed that you will give away your rights in the property that has been jointly transferred to your name too, you may inform her and execute a registered gift deed in her favor and also if there is any power of attorney deed given by you, you may  cancel the same by executing a joint registered revocation deed along with the power agent  
T Kalaiselvan
Advocate, Vellore
27785 Answers
289 Consultations

5.0 on 5.0

1. By which document the property of your father in law has been transferred jointly in your and your co-brother's name along with your wife and sister in law's name?

2. Actually your wife and sister in law are the legal heirs of their father's properties.

3. However, if through any deed executed in your favour you have been made the co-owner of the property then you are legally one of the joint owners of the said property.

4.  You should now withdraw the POA you have executed in favour of your sister in law and her husband by sending them a registered letter and also by publishing the same in two local news papers, one being in vernacular.
Krishna Kishore Ganguly
Advocate, Kolkata
15819 Answers
383 Consultations

5.0 on 5.0

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