General power of attorney-
Sajid
(Querist) 09 September 2011
This query is : Resolved
In a family, elder brother wants to start his business. When he can not arrange the funds. He requested his younger brothers to give him family house as a security to Bank to get the loan. They agree. and they give the GPA of the house to their elder brother. He got the Loan from the Bank and he enjoyed. He has not paid the Interest and the principal amount to the Bank for four years.
Now, he died (elder brother).
Please let us know the GPA impact on the other brother, because the property given to the bank is a joint property. All the brothers are married, they have children.
It is a muslim family.
This GPA is in force,or it is automatically not enforceable in law.
Now, the children of deceased brother claiming that the property given to bank is there own.
Please give your opinion in this regard, to get the share of the house to all brothers as per Islamic Law.
Raj Kumar Makkad
(Expert) 09 September 2011
The property cannot be treated owned by the family of deceased GPA holder elder brother. As soon as he died, GPA lost its relevance. The house is under mortgage of bank and now family of deceased has to re-pay loan amount with interest to the bank and if they fail to do so, no one can stop bank to approach bank to file petition before DRT and then to auction the house.
So this house duly owned by all family members as per their respective shares can be got released subject to deposing of loan amount. Any person can do so, he he wants the welfare of the family.
prabhakar singh
(Expert) 09 September 2011
I am in complete agreement with opinion expressed by Mr.Makkad.The Bank can however proceed to auction even on its own without visiting DRT.
mahendrakumar
(Expert) 10 September 2011
since it is a common property,even the entire amount to the bank is paid by one member alone,the property belongs to all.
so before proceeding further,take care of this aspect.
