I got married in 2001 and divorced through mutual consent in 2011. I have a daughter aged 9 yrs who stays with me. He pays us alimony.
In 2006, my ex-husband and me bought a property in Pune, through bank loan for 20 yrs. He pays the loan EMI through our joint account. The property is registered in both of us names. In 2008, we both gave power of attorney to my ex-father-in-law for carrying out all builder, tax, maintainance, renovation, renting-out etc. related transactions as we were not staying in Pune where the property is located.
In 2011 when we got divorced, our lawyer told me that I will continue to be 50% owner of that property.
In 2013, he got remarried and recently shifted to that house. I am feared that he might have transferred the property on second wife's name seeking father-in-law's help to use power of attorney.
My questions are:
A) How to find out the present owners of that property?
B) If I am still one of the owners then I want to put a stay order on that power of attorney. POA was registered in Bangalore. What are the steps for that?
Asked in Property Law from Bangalore, Karnataka
Hi, applied Encumbrance Certificate for 10 years then you can came to know the what are all the transaction taken place in your flat.......after you become the owner of the property, whether your ex- husband or ex-father in law has transferred the property or not it will come to know from E.c........for cancellation of power of attorney you have to issue legal notice for cancellation of power of attorney.
1)if property is a flat and cooperative society is formed then you can make inquires with secretary of society . in tha alternative you can take search in registrar office for last 10 years
2)you can revoke power of attorney granted in favour of your father in law . contact a local lawyer
Read your Power of Attorney carefully, your father-in-law can not change the name on his own without having such power. Check with the Bank through which EMI is being paid, they must have kept the original documents and since the original documents are 3with them how can one change name. Revoke your P. O. A from your side. Its true that you are 50% owner of that flat.
1. At the time of passing the judgment of divorce by way of mutual consent did the court make any provision as to the division of the property purchased jointly by you and your ex-husband?
2. If no such provision was made then you have to date 50% share in this property.
3. If you apprehend that the property may now unilaterally be transferred by him to his wife then it will be wise to cancel the Power of Attorney given to him.
4. In order to find out the current owners of the property you may carry out a title search in the office of the revenue authorities having jurisdiction over the place where the property is situated. This will reveal as to whether the ownership of the property is still with you and your husband or it has been transferred to some one else.