1. After your husband, if he doesn't leave behind any will the property will, his share would be inherited by the class 1 legal heirs of your husband which would be you, your children and his mother. You can revoke the power of attorney given to your father in law too.

2. He would not have any rights in the property, but after the death of your husband, his POA would cease and cannot be used for any legal purposes.

3. He has no right, no nothing needs to be done. You can get a will executed by your husband in your favour, to be on the safer side.

1.  IF Husband demises, THEN you will need to revoke the "joint" POA.  IF POA is not joint, THEN Husband's POA will legally lapse, on his demise.

2.  OPTION:  Both of you Revoke the current POA, and execute afresh another POA, with strategic clauses, with limited purposes and limited time frame and limited conditions and limited rights to receive and give you the sale proceeds.  POA is a matter of strategic clauses.

ALSO CONSIDER THIS:

1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to ANYBODY, irrespective of relationships.

2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.

3. POA can be registered anywhere in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.

4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.

1. No POA not valid after demise of the principle. AFTER DEMISE OF HUSBAND POA GIVEN IS INVALID AND FATHER IN LAW CANNOT TAKE ANY OBJECTION OR SELL OR TRAMSFER HIMSLEF.

2. You as principal owner has right to sale your apartment any time even though POA is given.

3. Poa is dissolved automatically on death.

Hello,

In case your father in law refuse to sell you can revoke the POA and in case one of the principal dies the POA becomes invalid. And in that occasion you have to appoint other for the same .

Regards

1. if both of you have jointly given the POA then the same will lose essence after the death of your husband and you may thereafter revoke the same and sell the property. 

2. You will have to go to India to sell your property 

3. Such clause can be made in the POA that has been given to your father in law

Regards 

On the death of husband, you will become absolute owner. And POA will stand expire. Have to execute fresh POA. If FIL refuse to sell, authorize some other person to sell.

He has no claim.

Purpose of POA is to authorize agent to act on behalf of principal. This document is enough.

1. if something happens to your husband (i am taking death case), you can revoke the POA and can appoint any other person or anyone, to whom you wish, as POA or you yourself can sale the apartment. your FIL can't sale property.

2. he would not have any rights in such a scenario (death case), in such a case POA would cease and his (husband's) legal heir, you, kids, mother, would have right on his share of the property   

3. no need at all. on a safer side, a will can be executed by your husband in your favor.

1. In case of demise of yourself and/or your husband, the POA executed by both of you jointly or seperately in favour of your father in law , will become invalid for which he will not be able to deal with the said flat legally.

2. After the demise of your husband, his morher (if she is still alive) and yourself shall equally inherit his share of the said flat. In case your mother in law is not alive, you shall inherit the share of the flat of your deceased husband. The legal status will not change for your being at USA.

3. POA executed by you and your husband will become invalid in case of the demise of the executant. So, no further document in this regard is necessary to cancel the said POA after the demise of any of you.     

1) he can refuse to sell the apartment 

2) father in law has no share in property 

3) on husband demise POA ceases 

4) better is husband execute will bequeathing his share of flat to you 

No he can't as the poa is only for him to act as per your instructions. 

No nothing changes he is just poa holder he can't object you from selling the flat. You can get a fresh poa which states that after the death of one of you the other person will have right to deal with the said property and the poa holder will not have any right for the same to object or create hindrances.  I don't know the averments of your earlier poa.  You should always make the poa holder facilitator and not the entire decision maker.  Need to go through your poa for any concrete suggestions or advice

As per the recent judgments of the supreme court the POA does not confer ownership rights on the property and a person cannot sell such property as it would be treated void. Hence your father in law cannot dispose the property as hebhas a very amount of rights as you have stated.

Therefore in order to secure your property visit India and register the property in your name.

Regards 

1) If you want POA rights to withdraw from Father-in-law points of view.

2) Than you have to apply for cancellation of POA which has been created on your Father-in-laws name.

3) Yes, in this case you have to dissolve the POA which you have created it as per your wish.

whatever be the case, your father-in-law has no other alternative but to deposit the sell proceeds of apartment in your account, if he sells the apartment during life time of your husband. your father -in-law has no authority to decide the fate of your apartment. 

as and when your husband will be no more, the POA of your husband in favour of your father-in-law will automatically vanished. he will not be able to sell the share of your husband after demise of your husband. you alongwith your kids will be the owner jointlt for the share of your husband in the apartment.

it is immaterial whether your husband is alive or not, if you are interested to sell your apartment in your own, you can do it at any point of time.

1. On death of your husband  his half share  gets devolves upon his legal heirs which include his widow, children and mother. Father does not inherit the share of father. So your father in law shall have no right over this property and with the death of his son the POA will also cease to exist.

2. So your stay in USA has nothing to do with your right to sell with consent of other legal heirs  if any.

3. In this issue the issue over POA has nothing to do. 

1.  Your father in law is just a power of attorney holder hence he cannot refuse to pay you the sale proceeds of your property especially under the circumstances mentioned by you because he is not a class I legal heir to your husband.

In fact upon the unfortunate death of your husband the power of attorney deed executed in his favor shall remain revoked or cancelled automatically, hence even if he wants to sell the apartment, he cannot do so.

2. He will not have power anymore to sell the property on the basis of POA upon the death of one of the principals if the power of attorney deed was executed jointly in his favor. Your status as the absolute owner will remain in tact whether you are in US or in India.

3.  The POA will be cancelled automatically under such a circumstance, hence no documentation in this regard may be valid.

Dear client 

1. If some thing happens to your husband you will become the legal heir of your husband and not your father in law and then you can cancel the Power of attorney without the consent of your father in law of refuse to sell the property.
2. You just gave the rights to your father in law to act on your behalf and he doesn't get your right to sell the property by your self if you want to. 
3. You can add a clause to POA that if some thing happen to either of you the POA stand cancelled.

1. The poa of your husband to his father would come to an end on your husband's demise. You can sell your share in the flat without any reference to your FIL. However your husband's share on his demise would devolve on his legal heirs (in absence of a Will) who would be his mother, widow and children. Thus father in law not being a legal heir cannot claim any right, either under the POA and even otherwise

2. Doesn't matter wherever you are residing 

3. Revoke the power to sell in the POA while retaining other powers in the POA

1. As per the information mentioned in the present query, makes it clear that you have already executed a POA in favour of your father-in-law to take rent and sell the property, but i believe that you must have mentioned about the fact that he has been doing it on your behalf.
2. He cannot legally refuse to sell the flat if you wish to after the demise (sorry for this unfortunate word, but have to sometimes) of your husband.
3. In fact, I would advice you to make a better drafted POA after cancelling the prior made as soon as possible, as I have doubt whether it has some good pints of your benefit or not.
4. Rest, you are most welcome to call me at any time for further legal assistance on this issue.