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NiceManMyself (self)     18 January 2014

Property after divorce

Hi,

I got ex-parte divorce after 2 years of desertion. Wife doesn't want to come to court, she has no interest in material life, and we don't know her whereabouts also.. all sent us a communication about her laywers contacts, and all legal communication were sent to that address. Her lawyer agreed to provide power of attorney for properties (join registered) after divorce decree.

1. PoA is given only to close relatives... Is it ok for divorced wife to give POA to ex-spouce? Can this be challenged later on ?

2. There are joint home loans against property, which makes even hard to tackle. Bank is requesting a release dead stating that when loan ends, wife has no objection to provide back documents to me.

Please provide me your suggestions on how best the property can be transferred, and suggestions for taking care of home loan.



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     19 January 2014

1. PoA is given only to close relatives... Is it ok for divorced wife to give POA to ex-spouce? Can this be challenged later on ? 

There is nothing wrong in wife giving POA to husband, it is valid.

 

 

2. There are joint home loans against property, which makes even hard to tackle. Bank is requesting a release dead stating that when loan ends, wife has no objection to provide back documents to me.

In joint home loans, after full repayment, bank can demand NOC from your wife to hand over the documents to you, the bankers should not be concerned about the Release deed, which is the problem of Registrar office while disposing the property

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     20 January 2014

agree with expert,  first option is try to settle the matter amicably.

second option is file an application u/s 25 of Hindu Marriage Act and settle the property issue by court.


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