Power of attorney given to ex-wife
I am in the process of buying a 2BHK flat in Goregaon east Mumbai. My seller had given his power of attorney to his wife at the time of buying the flat in 2006, he was in Dubai then, he also took a home loan from ICICI bank where he had his wife as co-applicant. He cleared the loan in may 2012 and got divorced from her in Oct 2012. Their divorce decree clearly mentions that she has been given a separate flat in Navi Mumbai towards her alimony/maintenance. The first flat which he is selling to me has his ex wife's name and signature in sale agreement, stamp duty and registration papers as his power of attorney. They are not in coordial terms as of today. Can she create legal trouble for me later if i buy this flat? Please help?!?!
Asked in Property Law from Mumbai, Maharashtra
Based on your inputs it seems you may face problem from his wife.
I don't think of problem because she signed as attorney and seller is the owner,presumably he must have cancelled the attorney.
Advocate, New Delhi
Purchasing this flat is fraught with a risk of litigation ensuing between the interested parties. At first find out what power has been conferred by attorney and whether POA has been cancelled.