Legal Question in Intellectual Property in India

I had purchased a flat/apartment in an upcoming project. Since i was working abroad i purchased it on my wife's name. Due to some problem with the builder the project was not completed and now there is a case in high court between we buyers (150 members association) and the builder. Last year there was a ruling from the court that no party including the plaintiff is allowed to transfer rights to third party. So the property remains on my wife's name and also in the court case she is named member/buyer of that flat. Now it happened so that me and my wife have seperated and i want to transfer the property on my name. I talked to the builder asking him to transfer it on my name and he is ready but my friend advised me not too as it will be against court ruling so it will be a trouble. I also talked to representative of our association, he said it is not possible i will have to wait till the case is clear. At this moment my ex wife is willingly ready to transfer it on my name. Who knows about the future how long the case will continue or mightbe she can change so i want to add my name on it or transfer it to my name. Can it be done through some affidavit or power of attorney which later cannot be revoked. Please advice. The property is in mumbai, india


Asked on 8/29/15, 1:09 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Dear Sir

If there is a Stay order passed by the Court, then legally the flat cannot be transferred. However, what you can do is file an Application before the Court, seeking modification and/or permission for transfer of such flat on your name. Given the circumstances, the Court will allow such application and thereafter your wife can make such transfer in your name.

In the meanwhile, you can get a Exclusive & Irrevocable Power of Attorney (Coupled with interest) from your wife to deal with the property and exercise right over such property.

Should you require any assistance then feel free to contact.

Vivek N Mapara

Attorney

vnmlaws.com

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Answered on 8/29/15, 1:12 pm


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