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?
Asked in Property Law from Mumbai, Maharashtra
when the property has been gifted and registered then why are you concerned about validity of GPA
Advocate, New Delhi
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.
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
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.
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.
Advocate, New Delhi
Thanks to all of you for your awesome responses. One of my customers who is interested to buy my property got all legal documents verified by his advocate and raised this issue. However, now I have the answers from all of you and can go ahead with selling this property. I will revoke the GPA as advised.
Asked 3 years ago
thanks for your appreciation