Can a woman claim share in property if she is claiming maintainence
Dharmaraj
(Querist) 27 May 2013
This query is : Resolved
Dear Sir,
My mother in law in claiming maintainence from my father in law since around three years,she was however was staying in the same house sharing with my father in law, now recently she has claimed her stake in the property stating as the power of attorney was on her name however the agreement to sale and the mutation is in my father in laws name.
Kindly advice.
ajay sethi
(Expert) 27 May 2013
your mother in law has right to stay in shared household . if prpoerty is standing in your father in law name he is owner of said property . if father in law has executed power of attorney in your mother in law favour then she can deal with said property . it is necessary to go through the documents on basis of which your MIL is claiming stake in property
Adv Archana Deshmukh
(Expert) 27 May 2013
In whose name the sale deed is? It should be in the name of FIL as the mutation entry is in his name. POA if given by the FIL can be revoked by him. From the given facts, though your MIL can reside in the house being her shared household, but she cannot claim ownership rights in it.
Dharmaraj
(Querist) 27 May 2013
Thanks your valuable advice as per my understaning Archan Madam is trying to say that the POA is given by the FIL to my MIL, let me correct here it is not the case the POA was executed by one of the partners from whom the said property was bought in favour of my MIL but the agreement to sell and the mutation was executed by the other two partners in favour of my FIL, kindly advice.
Dharmaraj
(Querist) 27 May 2013
Thanks your valuable advice as per my understaning Archan Madam is trying to say that the POA is given by the FIL to my MIL, let me correct here it is not the case the POA was executed by one of the partners from whom the said property was bought in favour of my MIL but the agreement to sell and the mutation was executed by the other two partners in favour of my FIL, kindly advice.
Kishor Mehta
(Expert) 28 May 2013
Sir,
If the sale is absolute in the name of your FIL, then the POA executed by one of the sellers is no more valid after the sale deed is registered in the name of your FIL.
Good Luck
Kishor Mehta
