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house registration and wife's name

Discussion in 'General Discussions' started by anjalika400, Aug 1, 2009.

  1. anjalika400

    anjalika400 Junior IL'ite

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    Hi all. I have a question, though not sure if it is the right section to ask.my Dh has a few flats/houses in India which were bought by my fil as he was given the power of attorney.
    now when it comes to registration,it was supposed to be just my Dh's name.I heard once the registration is complete, my fils POA will be automatically invalid and he'll have no right on these properties.Is that true?

    I want to include my name too for the sake of our future and family. When I talked to my DH about it, he said, I don't have any income tax return in india and since my name is not anywhere in the property, it is not feasible to do joint registration. I have serious doubt about what he is saying.

    Please suggest me how to do the joint registration so that my name will be included in those properties and my ils or my sil indirectly have no right over them .
    My DH is saying according to hindu property act, husbands property and assets are automatically transferred to his wife ,parents have no right any way. I thought that's not true. if there is NO will or not my name name included in the property, even parents have the equal right in their sons property.Am I right?
    what should be my take to make sure that there will be no confusion and conflicts afterward.
    If joint registration is really not possible, how can I include my name there , may be as a nominee or as his wife.
    Please suggest.it is really urgent.

    thanks
     
    Last edited: Aug 1, 2009
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  2. simply_doubtful

    simply_doubtful Gold IL'ite

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    your dh is wrong anjalika. the property is divided among parents and spounse. if a husband dies instate his property is divided into three parts ie., spouse, mother and father.
    hope this clarifies your doubt. as per your doubt regarding this property all you can do is get a will done where it can be specified that you are his nominee.
     
  3. Visu2k

    Visu2k Gold IL'ite

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    Could you please give reference to such statements, as it would help not only the poster but others?
     
  4. Drpreethis

    Drpreethis Gold IL'ite

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    Ok.. accordingly your hubby ' owns ' this property isnt ? If yes, and it is not owned by your FIL then, you can do a joint registration.

    We bought a property in Bangalore and had given my dad the POA. This entitled him to sign any loan papers iff we decided to go for one. But eventually we could pay it off and didnt go for loan. So, my dad's POA was just there useless. We sent the whole amount as cheque from here. My dad could collect the receipt since he had the POA.. When we visited Bangalore early this year we ' registered ' the land in me and my hubby's name. Regardless of wether we pay taxes in India or even if my hubby paid the amount and I am non-earning member here , I was a joint property owner. It is not necessary that the wife needs to be paying taxes in India to be a joint owner.

    I also have a flat which was initially bought in my mom's name but the EMIs was paid by me.. After wedding, I moved to US and my hubby took over the EMIs.. Since the falt was in my mom's name earlier.. my dad made a gift deed to me during our last visit and now the flat is in my name ( as a gift to daughter ) and my hubby's name as a joint owner. The law didnt ask us or one among the spouse to pay taxes in India to get our spouse's name included in the property papers..

    This is from my experience with property in Bangalore.. Hope it helps some way.

    But, why do you feel so insecure ? If you feel even the slightest of doubt that you will left alone then maybe you can call a real estate agent in your city and talk to them about all the legalities..

    Take care..
     
  5. Candleart

    Candleart Senior IL'ite

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    I would like to add that a mans property is divided equally between his wife and kids after his death if he does not leave a will. I do not know if parents get a share unless specified.
    You can have a joint ownership of the property along with your husband even if you dont pay taxes or work, it is very much valid in India.In fact in certain states property registered in wife/ womans name attracts less registration fee as in UP.
    Yes the POA becomes invalid when the registry is done if it is specific for a particular job like buying property. If it is a general POA then it can be for all time and all work and can also be irrevocable.
    You can ask your dh to gift a property in your name or jointly to make you feel secure. Its a very dicey issue and should be handled delicately.
     
  6. simply_doubtful

    simply_doubtful Gold IL'ite

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    my mil's case and our acquaintance cases. this happened so please ladies all be careful.
    hansi
     
  7. Malyatha

    Malyatha Gold IL'ite

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    I am NOT a lawyer. What I am saying here is what I know from my friend's experience. Apparently, if a man dies intestate, then his MOTHER (but not the father) is entitled to some portion of his assets for her lifetime financial support. I believe that this law was created many decades ago because it was assumed that a man, who would have had some kind of employment during his youth, would have pension or other form of financial support in retirement (aside from an adult son's financial help) but a woman - widow or not - who was probably a housewife, would be left destitute if her son (who was assumed to be her source of support) were to pass away. To protect the interests of these elderly women, current law allows them to stake claim on some of their sons' properties / benefits in the unfortunate event of the sons' death.

    The best way to prevent bickering and squabbling between a wife and her in-laws after a man's demise is for the son / husband to have a will in place, CLEARLY specifying what he is leaving to his wife (and kids, if any), and what he will give to his parents for THEIR support, after his passing. This way, everyone's interests are taken care of and acrimonious litigation is avoided in the aftermath of the son's / husband's death

    Anjalika, I would also like to address the issue of support to elderly in-laws in the unfortunate event of a spouse's demise. As women, I am sure that we would want OUR parents to be taken care of if we or our brothers were to pass away. Similarly, isn't it obvious that men would also want to take care of THEIR parents if THEY were to die? There is NOTHING wrong in a man making provisions for his parents in his will and / or giving a property to them (if he has multiple properties) just like there would be NOTHING wrong with a woman ensuring that her OWN parents are protected even after she is gone.

    You should discuss this thoroughly with your husband. Let him know the importance of a will that THOROUGHLY specifies his wishes. Do not argue / protest if he wants to leave one or two properties to his parents if he were to predecease them (he would naturally want to make sure that they are taken care of in this unfortunate situation), but do make sure that your interests are also taken care if he were to pass on, which means that you should be joint owner of most, if not ALL, of his assets.
     
  8. Priya16

    Priya16 IL Hall of Fame

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    Does any one know, if the will written in US is also applicable for INDIAN properties or does Indian properties require separate will?
     
  9. Malyatha

    Malyatha Gold IL'ite

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    It would be best to have a will drawn up, NOTARIZED and registered in India, regardless of whether you have a will in the US or not.
     
  10. Priya16

    Priya16 IL Hall of Fame

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    Thanks Malyatha!!

    This post really opened my eyes.Until now I didn't know that MIL would get share in india and all our properties in india and I am not a joint owner on any of those properties and all of them registered on my DH Name.
    My MIL has enough money and also she get pention and I will not have any issues if she need any support from us,but the problem is my BIL,he is just pushing her to get some property from us.So in case of any accidental death,I can easily see my BIL can push my MIL to get the properties which is on my DH name(If this kind of law exists in india)

    Thanks All for this information..
     

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