Asigning the Development rites by General Power of Attorney.
I am 70 years old senior citizen consulting Engineer and Geophysicist. My wife is 65 years old retired Superientending Engineer Ele. State Ele. Company. we married on 9th Aug. 1984, and having daughter (YoB1985) and Son(YoB1991). All our immovable assets are purchased after our marriage. prior to the marriage my wife spend the money for the extension of her mother's house. In 1987 her closed friend and professional C.A. has made her General Power of Attorny(GPoA) in my name to do all matters in respect to her immoveable proprieties like sale purchase and represent types of civil and criminal suites and all legal matters with same GPoA. with only option that any amount received of her titles property must be in name only. Though 80% amount is spent from my pocket in cash one more plot(3300sq.ft.) is purchased(17-071995) on her name only. With same GPoA, I have purchased a plot of 7200sq.ft. jointly with her name(30-12-96) by payingtheamouts from my current Account. In addition she is having on her sole name a 940sq.ft. Res. flat purchased on 18-05-87, where we are staying since then to till this date. I have one on flat of 1050sq.ft on my sole name since 1998 which I am using to keep my excess materials only and even I have not taken electricity connection to same. My wife never disclosed inany mandatory dicloarations about her immovable assets to her employer(govt. Undertaking) as well as to IT department too.
three years back she has filed a civil suite for the divorce (Section.27b &27d) and is pending and I am critically against the same and still we are stayingin the same flat under one roof. My claim is that she is exploited by our kids and few outsiders for the properties , her mind condition in psychosomatic 7& lauing habit as whim of ventures.
Asthis 7200sq.ft. plot is in other city 350 Km. away I am thinking to pass to builder and developer for developments and in lue of the same expecting constucted flats as keepingthe open land is a risk of encroachment. My wife has not with drawn the GPoP and the property is on the record of suite and there is no any specific prayer from my wife except to vecate me the present place whjich is one her sole name but Hon. Court has over ruled the same.
Question :- Is it possible for me to hand over the said 7200sq.ft. plot to The professional Pramoter and Builder by using the GPoP without taking in to acountand and informing my wife as our relations are noton any talking terms though we are staying in the same house and sharing all spaces including kitchen and utilities.