Property possession/ general power of attorney
taufeeq
(Querist) 12 September 2014
This query is : Resolved
Dear Sir
Currently living in UK, we got a house (114 sq yards only) on My brothers name and My name in Andra Pradesh
in 2012 we thought to build new construction on the same place ( Ground + first floor) , we availed loan from Bank,
so that purpose my Brother asked me to Give GP to process Housing loan, i did the same. we took nearly 1,750,000 INR from same Bank. We completed construction in 2013.
in First floor my brother is staying, ground floor rented to some one, my brother collecting rents ( belongs to my share, I thought he is depositing rents in Loan account, but not.
I was told by other family members and neighbors, they are trying to sell that house. He was acting against to my will,
So i cancelled GP, it was not a Registered GP. I said the same to Bank Manger and asked him not to take any actions which favors my brother, this house belongs to both of us.
Now i got a notice from my brother saying,
1. GP is irrevocable, cannot be cancelled.
2. Raised loans 1,750,000 from bank and
2,500,000 from Individual on promissory notes to complete construction,
I need to pay all of them immediately otherwise need pay 24% interest.
( but actually not, I asked builders they said around 2,000,000 for construction)
I appreciate your valuable advices,
Thanks ..
Raj Kumar Makkad
(Expert) 12 September 2014
The house can be got valued through a valuer and its cost can be got assessed very well and your brother has got no right to recover more than that cost. You should take possession of your share first and should rent it out to the person of your choice and a Lease agreement should be executed with him without intervention of your house.
taufeeq
(Querist) 12 September 2014
Thank you very much,
ajay sethi
(Expert) 13 September 2014
you should contact a local lawyer and reply to legal notice .
whether you have published public notice regarding revocation of power of attorney ?
if power of attorney is not coupled with consideration it can be revoked .
also call upon brother to furnish inspection of all promissory notes cited by him in legal notice .
Rajendra K Goyal
(Expert) 13 September 2014
Consult a local lawyer and reply the notice.
Give public notice for cancellation of POA If not given earlier.
Give notice for partition of the property. Ask him to pay 50% of all the loans as he is joint owner of the property.
taufeeq
(Querist) 15 September 2014
Hi,
@ Rajendra K Goyal: Thank you, Cancellation of POA not yet published, I will find local solicitor.
@ ajay sethi : Thank you,
T. Kalaiselvan, Advocate
(Expert) 20 September 2014
Since the GPA was not registered, the cancellation of the same by a mere notice is valid.You may follow the advises rendered by experts.
Raj Kumar Makkad
(Expert) 21 September 2014
Even if the GPA was unregistered,it shall be better to advertise the cancellation in the local news-papers.
taufeeq
(Querist) 31 October 2014
Dear Sir's
Thank you very much for your Kind advice, As per Bank Instructions am paying My educational Installments every month. Meanwhile our family members try to approach my bro to sort out this issue, But he is not in a position to listen to us. property is in His position, is there any where i can ask him to share my property immediately ( Through court) Because i don't have any confidence he is going to divide my share in near future, Can i stop paying to BANK authorities and ask them to take action what ever they want,
please your advices needed,
Thank you very much again and again ......
