• Legal advice needed on property transfer

I live in US and I am going though mutual consent divorce. Assets have been devided between me and her. I have a flat in Delhi and that it will go to me after the divorce. Title is under both me and my wife's name. What is the best way to remove her name from the property? We both live here in US. Can she execute power of attorney here to give me full ownership of the property?
Asked 1 year ago in Family Law from United States
Religion: Hindu
1) your wife should execute gift deed or relinquishment deed on your favour 

2) the gift deed has to be duly stamped and registered in delhi where property is situated 

3) she can execute power of attorney in your favour but said power of attorney can be revoked by her later 
Ajay Sethi
Advocate, Mumbai
27319 Answers
1486 Consultations
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Since the flat is owned by both of you jointly, your wife will have to execute a release deed in your favour giving up her share in the said property absolutely in your name, this has to be executed by her physically or through a GPA executed by her in your favour authorizing to represent her before the sub-registrar, at the place where the property is situated. You will have to travel to India if this has to be done, assuming that she will not be accompanying you for this purpose.
Kiran N. Murthy
Advocate, Bangalore
823 Answers
58 Consultations
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1. POA does not give title of a property, Deed of Conveyance does,

2. Let her execute and register  Gift Deed or Settlement Deed in your favour conveying the 50% title of the said property to you,

3. After registration of the said deed of Conveyance, you will become the sole owner of the said property. 
Krishna Kishore Ganguly
Advocate, Kolkata
13579 Answers
291 Consultations
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Let her execute a Release/Relinquishment deed in your favour by executing a power of attorney in your name in USA before the Embassy Officer and later the power of attorney be adjudicated in the registrar's office in India and based on her power of attorney, release/relinquishment deed can be registered in the jurisdictional sub-registrar's office in Delhi..
Shashidhar S. Sastry
Advocate, Bangalore
1301 Answers
71 Consultations
5.0 on 5.0
If it was a jointly owned property, she has to execute a registered gift deed to you after which you will become an absolute owner and can mutate the revenue records on your name alone.
T Kalaiselvan
Advocate, Vellore
17451 Answers
165 Consultations
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You can contact any lawyer for preparation of power of attorney 
Ajay Sethi
Advocate, Mumbai
27319 Answers
1486 Consultations
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You can contact any one of the lawyers on the panel of Kanoon.com and the lawyer would be pleased to get your work done.
Shashidhar S. Sastry
Advocate, Bangalore
1301 Answers
71 Consultations
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1. She is required to execute the POA and get the same attested by the appropriate authority of your local consulate of India,

2. After that you are required to get the said POA vetted in India.,
Krishna Kishore Ganguly
Advocate, Kolkata
13579 Answers
291 Consultations
5.0 on 5.0
ownership cannot be transferred through Power of attorney. if it did so alienation will be invalid. In jangam sridharan vs g. k .developers it is held by the court that property can be lawfully transferred only through registered sale deeds.

through power of attorney a person delegate his some power to the attorney holder to do some act on the behalf of executor of POA. 
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0
You should prepare gift deed or sale deed in your favour. According to section 25 contract act no consideration is necessary in agreement if it is made on account of love and affection of parties. 

Or you should prepare settlement deed and settle your property with your wife. Settlement deed should be registered and signed by witness. this deed is legally valid and prevalent in transfer of family property.   
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0
You can send the details for preparing the power of attorney deed and may request the Kaanoon.com portal team to assign the job to any advocate/lawyer in the record who is/are capable of doing the desired  task at the nominal rate as fixed by the admin team of this portal.
T Kalaiselvan
Advocate, Vellore
17451 Answers
165 Consultations
5.0 on 5.0
1. Since the ownership of flat is joint half of it will go to your wife. Your wife can file a lawsuit for partition to cull out her share in it. If the court orders a division she will also be entitled to lock her part if she does not wish to sell it.

2. Unless she executes a relinquishment deed in your favour her name cannot be struck off. The ownership can be transferred only through a relinquishment deed and not POA.

3. Engage an Indian lawyer who will draft the required document.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0

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