I have some properties that I wish to sell or rent. I work abroad so I wish to give a Power of attorney to my ex wife to sell/rent the properties on my behalf. Is this legal to give POA to ex wife after divorce is completed? Do I have to inform the registrar that she is my ex wife or is there no need? Is it ok to use the marriage certificate in the POA?
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execute POA in favour of family member
2) in such a case it attracts nominal stamp duty of Rs 500
3) POA should be regsitered
4) dont execute POA in favour of ex wife
5) since you are divorced you cannot use your marriage certificate to claim that she is still your wife
Hi , you can execute a power of attorney in your wife favour giving her rights to sell/ rent on your behalf .. Yes it is valid , and is sufficient , no need to inform the registrar
1. There is no status as per law as 'ex-wife'. It shows the personal status of the person and not the legal status.
2. As per law, she is an individual not connected with you in any relationship.
3. You can very well execute a POA in her favour for executing the job mentioned in the POA for which it has been executed by you.
4. You won't have to inform any body that she is your ex-wife and enclose any evidence in support of your said claim.
As advised by Mr Sethi to not execute POA with ex wife. May I ask what can be the repercussions? The property is my sole name.
In case POA is given in favour of family member it attracts nominal stamp duty
2) if executed in favour of third party it attracts higher stamp duty
3) once you execute POA you are authorising her to act on your behalf . She may sell the property and may not handover sale proceeds to you
4) you would have lengthy legal battle ahead to recover your money
The POA can be given in favour of your ex-wife also.
There is no legal impediment in it.
If you trust her then you can ask her to undertake the responsibilities accordingly.
The repercussion is not the question, but her trustworthiness is the question.
You should not be cheated in the name of taking revenge on the past deeds.
1. POA is executed in favour of another person on whom the executor has reasonable amount of trust and faith.
2. If you are in good terms with your ex-wife and the property is in your name then there should not be any specific danger which you can anticipate if you exceute the POA in favour of your ex-wife in addition to the danger which you might ordinarily expect in case you execute the said POA in favour of any other person.
3. The basic point here is whether you have trust on her and you feel that she might claim the property herself by registering the sale deed in her favour or cheat you while acting as your POA holder for selling the said property.
In my advise you can give the POA to your ex-wife.
It is immaterial that she was your ex-wife for the purpose of giving POA.
However, it is advised that give POA to her only when you are 100% sure that she will not turn her back after selling the property.
Also giving her POA might attract more stamp duty.
Regards
