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Archie (H.M)     17 April 2013

Husband's poa to in laws

I am a married woman living abroad with my husband. We are married for more than 10 yrs. My husband's family consists of FIL,MIL ,BIL and his wife and daughter and SIL and her hubby and 2 kids. They all live in the same city in India. My BIL lives with In Laws. Our marriage has been rocky with near divorce situations more than 2-3 times.All my in laws are culprits in this. Anyway long story short , my FIL passed away about 3 yrs ago. He didnt leave a will. He has 2 houses and a shopping complex and  a farm and many FDs. When we went to FIL's ceremony my husband's brother and SIL ,MIL insisted my husband sign a POA  to handle all legal matters.Things escalated when we went last yr to visit my sick MIL.They convinced my husband to sign all his legal rights over to MIL.He did it.My MIL was more concerned with giving my SIL a house rather than dividing any share at all.We had to spend 12-14,000$ on tickets alone. All they did was get my husband's signature and brush him off like dust.

Let me also give a little background to my question.Although we are abroad my In laws my FIL and SIL were hell bent to seeing my husband come back to India to be there with them. So that my FIL and SIL can advice him on his life and have a run over it along with money. In b/n these 10 yrs there has been more than 4-5 yrs where my husband didnt have a job and we were penniless thanks to their meddling.It only made us poorer and poorer.

I am from a well off family . My husband's brother 's wife is from a very poor family and my SIL being daughter of the house will get away with major share.(Can tell this becoz I know how my MIL ,SIL and BIL think.)Now we are in dire need as we depleted all our savings for trips to India and associated expenses. Can I do something in this situation.

Archie



Learning

 5 Replies


(Guest)

ha ha ha!!!

HK_Jain... (498a Fighter)     17 April 2013

Means you are afraid that property is going far away from your husband from that you want divorce..lol..

Tajobsindia (Senior Partner )     17 April 2013

1.    For doing anything your husband has to come back to India and take recourse under Indian Laws.

2.    Late FIL dying without a will gives rise to peculiar Succession issues which was then handled by PoA as your husband was not able to stay here and handle the slow paced Court cases or due to some unknown reasons.

3.    Now MIL falling ill and wanting to give share to SIL is also something peculiar to Women’s exclusive rights of giving property – share under Indian Succession Laws. Here also you cannot do much till your husband is alive or in absence of any challenge.

4.    The properties being self acquired by late FIL and partition (probably) already happened by now again your husband has to show pro-active steps and for all these since you tell us you are quite well off, we would suggest to come with your Husband back to India and support his legal fees and claim via him his share by first consulting a seasoned Advocate via Chamber discussions whom one finds via reference and not via these generic discussions on internet for a reason your brief mentioned issues are getting complex due to earlier PoA and emerging transfers of shares taking place.

5.    Yours is a pure question of facts of Hindu Succession Laws and your husband’s rights as one of the share holder and I don’t see anywhere that you have plans for divorce and or feel like using Indian Family Laws to claim your rights hence above paras are basic advice for the time being!.

Never Give Up (Fighter)     17 April 2013

Originally posted by : Archie

I am a married woman living abroad with my husband. We are married for more than 10 yrs. My husband's family consists of FIL,MIL ,BIL and his wife and daughter and SIL and her hubby and 2 kids. They all live in the same city in India. My BIL lives with In Laws. Our marriage has been rocky with near divorce situations more than 2-3 times.All my in laws are culprits in this. Anyway long story short , my FIL passed away about 3 yrs ago. He didnt leave a will. He has 2 houses and a shopping complex and  a farm and many FDs. When we went to FIL's ceremony my husband's brother and SIL ,MIL insisted my husband sign a POA  to handle all legal matters.Things escalated when we went last yr to visit my sick MIL.They convinced my husband to sign all his legal rights over to MIL.He did it.My MIL was more concerned with giving my SIL a house rather than dividing any share at all.We had to spend 12-14,000$ on tickets alone. All they did was get my husband's signature and brush him off like dust.

Let me also give a little background to my question.Although we are abroad my In laws my FIL and SIL were hell bent to seeing my husband come back to India to be there with them. So that my FIL and SIL can advice him on his life and have a run over it along with money. In b/n these 10 yrs there has been more than 4-5 yrs where my husband didnt have a job and we were penniless thanks to their meddling.It only made us poorer and poorer.

I am from a well off family . My husband's brother 's wife is from a very poor family and my SIL being daughter of the house will get away with major share.(Can tell this becoz I know how my MIL ,SIL and BIL think.)Now we are in dire need as we depleted all our savings for trips to India and associated expenses. Can I do something in this situation.

Archie

I think, husband is not happy with marriage and want to ensure that he is a debit man after distribution of all his assets and being jobless so no cases no claim on him for sake of money atleast. Otherwise in this time (KALYUG) generally nobody would be generous enough to forego his entire part of money even after the fact that he is jobless.

Santosh Kumar Tiwari (advocate)     17 April 2013

You need to contact a lawyer and get your case represent in court. Without going to the court you may hardly get the justice by your in laws.


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