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.
RANJITSINGH 10 March 2018
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.
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
Vijay Raj Mahajan (Advocate) 10 March 2018
RANJITSINGH 10 March 2018
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