Power of Attorney/HMA

Adv.Aiyer VLV (Querist) 06 October 2009 This query is : Resolved

A person (in Bangalore, Karnataka) plans to take sanyas, w/o knowledge of family. He wants to leave a GPA to wife, so she can handle property including selling of property(jointly held by both husband and wife).

Can he write a GPA in her name and sign and it and leave it, so she can fill it up and use it?
Must he go to sub-registrar office with wife and register it?
Can he leave a notarised special POA to wife herself or someone, giving power only to sign the annexed GPA in the name of wife, while GPA has various powers including to sell property.
Can GPA include Will provisions?
Will holding before mandatory period for presumptive death be same as per provisions of will?
Stamp paper for SPA - Nil and GPA Rs.100 - correct?
Does marriage dissolve immediately or can wife ask for divorce on this ground without trying to find husband? (Else, this may lead to foul plays of making husbands disappear)

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R.R. KRISHNAA (Expert) 06 October 2009
It is advisable to prefer a WILL rather than GPA to avoid certain legal implications in case of unforeseen death of husband. The WILL can be registered.

The wife can get divorce on the ground that the husband has preferred for sanyasa and has left matrimonial home and the WILL left by husband can be used as a evidence for it.

Manish Singh (Expert) 06 October 2009
But the will shall take effect only after the husband's death so GPA should be preferred. it would be preferable to get the GPA registered at htis time itself since if a transfer of immovable property takes place on the basis of POA, it must be a registered one.
SPA too attarcts stamp duty. plz check it in ur state's stamp shcedule how much duty it attracts.

renunciation of world by a spouse is a valid ground for filing a divorce petition by the other spouse. marriage does not get dissolved autmatically. you need to file a divorce petition.

Shivasurya (Expert) 06 October 2009
Dear Prof.
The di-merit in GPA is for urgency the wife cannot alianate the property as the purchaser may seek the alive certificate of the Principal of the GPA and it is difficult to get the alive certificate without knowing the whereabouts of the GPA Principal as he becomes sanyasi. In case of WILL, it shall be come alive after the death of the husband, it is also difficult to find out weather he is alive or died when he becomes sanyasi. The best option to execute settlement deed in favour of his wife then only she gets absolute right over the property and she can alianate it for any urgency without any difficulty.
In dissolution of marriage querry, I agree with the learned experts

Jayashree Hariharan (Expert) 06 October 2009
I opine that instead of GPA, the husband can gift it to his wife. that would be safe, provided the husband is ready to pay the stamp duty.

As regards dissolution of marriage, the wife can take recourse to the reason that husband has taken sanyas, giving proof of that reason.