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I purchased a property in Delhi in the year of 2002 jointly along with my ex-husband. Subsequently w
01-May-2023 (In Divorce Law)
I purchased a property in Delhi in the year of 2002 jointly along with my ex-husband. Subsequently we got divorced last year (in February 2011). 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?
Power of attorney executed by you in favor of your husband would continue to be valid as far as your 50% share in property is concerned even after divorce. You can revoke the power of attorney given to your husband.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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What are the conditions for a mutual divorce?
Before filing for mutual divorce, the couple must be married for at minimum six months and live separately for at most six months. The couple must pay all debts incurred during their marriage.
What is 13B power of attorney?
Section 13B. The parties may be represented by their spouses or siblings who are GPA holders and seek divorce on mutual consent, subject to court approval. Karnataka High Court. Aditya Jagannath vs NIL 28-Nov-2020
Is 1 year separation mandatory for mutual divorce?
The couple must already have lived separately for a full year before filing the mutual divorce petition. The court is not concerned with the reasons why a couple has lived apart. You can meet the criteria by living in separate houses or having separate residences for more than a year.
Can mutual consent divorce be filed without lawyer?
You may not require an attorney if you and your spouse are in good communication and agree on the terms of divorce. Even in this case, it is important to get all agreements in written form and have them reviewed and approved by a lawyer to make sure they are fair and legally binding.
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