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RANJITSINGH   10 March 2018

Power of attorney

I have a property on loan is taken by a housing company. Now I want to give power of attorney to my friend . can I give this power of attorney. Secondly can I give this property to any one as a gift? I am from Gujarat.



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 6 Replies

R.Ramachandran (Advocate)     10 March 2018

Please first clarify whether the loan taken for the property has been fully repaid to the housing company?

RANJITSINGH   10 March 2018

no it is continue sir

Vijay Raj Mahajan (Advocate)     10 March 2018

Is the loan secured by keeping the titles of the property or mortgaging the property with the creditor/housing company? If yes, then giving power of attorney to anyone of the property which is already pledged to another party will not be correct.

RANJITSINGH   10 March 2018

Thank you sir , but in my case EMI will continuously be paid from my account which is a salary account than it is possible ?

R.Ramachandran (Advocate)     10 March 2018

As you have taken loan from the housing company, the property is now under mortgage to the housing company till such time the entire amount of loan is repaid.  Therefore, you are not the absolute owner of the property till the loan amount is outstanding.  Even though you may continue to pay EMI, it only means till such time the last EMI is paid and the property is released from the Housing Company, you cannot do anything with the property..  THEREFORE YOU CANNOT GIVE THE PROPERTY TO ANYBODY BY WAY OF GIFT.

IF YOU DO, YOU WILL BE CHARGED BY THE HOUSING COMPANY AS COMMITTING CRIMINAL OFFENCE.  Therefore please avoid such thoughts.

RANJITSINGH   10 March 2018

oh thankyou very much sir

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