• Validity of a GPA (General Power of Attorney) after divorce

I purchased a property in Mumbai in the year of 2004 jointly along with my ex-husband. Subsequently we got divorced last year (in February 2013). As part of the divorce settlement my ex-husband transferred his 50% share in the property to my 19-year-old daughter (she stays with me) through a registered gift deed. The society subsequently transferred the share in my daughter's name in the share certificate. Now I want to sell this property and relocate to another city. At the time of purchase of this property an irrevocable GPA (General Power of Attorney) was issued through which I gave power of attorney to my ex-husband to execute all legal activities on behalf of me including sale of the property.

My question is whether the general power of attorney (GPA) will still be considered as a valid one even after divorce and legal transfer of his share to the daughter? As I am the Principal can I revoke this GPA? Can I ignore the GPA and sell the property? What legal step do you advise to enable myself to sell this property without any hassle?

Best regards,
Swati Chatterjee
Asked 2 years ago in Property Law from Mumbai, Maharashtra
when the property has been gifted and registered then why are you concerned about validity of GPA
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
When the divorce has taken place and your husband has gifted & registered his share in favour of your daughter, then you need not bother about the 50% of your husband's share.  However GPA  given  to your husband at the time of purchase(including 50% of your share) can be revoked.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
1) power of attorney executed by you in favour of your husband would continue to be valid as far as your 50%share in property is concerned even after divorce . 

2) you can  revoke the power of attorney   given to your husband
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
Though the GPA is still valid the same would not stand in the way if you want to sell the property.
You are the principal/author of the said GPA and at any point of time you can exercise your right over the property irrespective of the GPA.
However after sale or before it , do revoke the said GPA.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
The said POA is although valid yet it would not create any problem so far dealing with 50% share already gifted/transferred by him in favour of your daughteryet as an abundance precaution you can revoke the said POA.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
Its my pleasure.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Thanks for appreciation.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
you are welcome.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0

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