Sale Deed and POA

Querist : Anonymous (Querist) 03 July 2010 This query is : Resolved
My husband bought one property in my name.Later husband asked to return the property to his name. But due to the shortage of money Power of Attorney executed by me in his name.We are having two daughters and one Son. My Husband wants to give property to the Son.But I like to give all equally.Now My Son and Husband is going to execute settlement deed in Son's favour.How can I avoid it?If I cancel the power the relation between my and Husband shall collapse.So what can I do?
Whether I can inform the register office to stop the registration of settlement deed?If cancelling the Power how can I do that with out their knowledge?

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Adv Archana Deshmukh (Expert) 03 July 2010
A POA cannot be secretly cancelled without letting the holder know it. It is better you try to resolve this issue by talking amicably with your husband.

Chanchal Nag Chowdhury (Expert) 03 July 2010
A POA has to be cancelled with due knowledge of your husband. However, pl.note that a benami deal is still legal between husband & wife provided he has declared it in his IT Returns. U cannot have the cake & eat it too.

B K Raghavendra Rao (Expert) 03 July 2010
You cannot inform the register office to stop registration of settlement deed. You have already given the power of attorney and the same has not yet been canceled.

Either keep harmony in the family by agreeing to what your husband and son are doing or go legally and cancel the power of attorney to save the property in your favour.

If you want to have an amicable solution, depend upon elders who can advise your husband appropriately. The immovable property you have is a valuable one and a life time investment. If you loose it, you are not sure of your secure life when you get older. One cannot depend upon their children at the old age. Think and act.

Guest (Expert) 03 July 2010
I am sorry to differ from above views totally. It is within your province who can exercise the right to cancel the Power given to your husband, by solely going to Registrar's office, even without informing him. In the said Cancellation Deed, you can mention that you are compelled to cancel the Power of Attorney because ...(put the reason therein and your apprehension about your husband's attitude). Alternatively, after cancelling the present POA, you may register afresh a power of attorney giving power to your husband to deal with a percentage of share(s) in the property instead of the whole of it.

adv. rajeev ( rajoo ) (Expert) 04 July 2010
I agree with Archana's advice.

G. ARAVINTHAN (Expert) 04 July 2010
Archana is right. POA is a bilateral agreement

niranjan (Expert) 04 July 2010
Pl. note that property is benami purchased by husband in the name of wife.Therefore in my opinion wife should file a suit for declaration of her ownership of that property and also should ask for injunction for not executing any alienation of property under guise of poa.

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