Property law
Rakshita
(Querist) 18 July 2016
This query is : Resolved
We got married in Aug 2015. My husband bought a flat in April 2014. His parents,younger sister, elder brother, his wife live in that flat. We both live in another city.
When he bought the flat,he was working in another city so to complete the paperwork for the housing loan on his behalf, he gave Special Power of Attorney to his elder brother. We have now shifted to US.
Can his brother take the advantage and sell it off or misuse his rights? What are the dangers ? What are his limitations? What are my rights as a wife? Do I have more rights or the elder has more rights? What can be done to prevent any misuse by him?
Please note, my husband is the one who is paying all the emi so the liability is on him.
The document looks like the below :
SPECIAL POWER OF ATTORNEY
Known all men by these presents I ___ Son/Daughter of ___ Major, at present resident of WHEREAS I went abroad and stay outside for a long period on my Employment and whereas I intend to apply Andhra Bank__________ branch for a Housing Loan limit of Rs._____ and for the said loan Mr/Mrs. ______is the
Coobligant and whereas in the circumstances aforesaid, it is necessary also expedient for me to appoint an Agent to look after all my affairs during my absence. Now, known by these presents do hereby and here of appoint an Agent to look after all my affairs during my absence. Now, known by these presents I do hereby and here of appoint the said Mr./Mrs._______resident of ___ as my true and lawful attorney, for me in my name and on my behalf, either solely or jointly with some other person or persons, to do and execute all or any of the following acts, deeds and things
1. To execute, carry into effect and perform all agreements and contracts entered into by
me with Andhra Bank_______________ Branch with regard to the Housing Loan to be
availed by me from Andhra Bank ________________ Branch.
2. To execute acknowledgement of debt, acknowledging the liability under the Housing Loan
3. To execute agreement, deeds, under Sec.25(c)of Indian Contract Act for revival of the
debt referred above in case of necessity.
4. And generally to do, execute and perform all other act or acts, deed or deeds matter or
thing whatsoever which in the opinion of my said attorney ought to be done, executed
and performed in relation to the above Housing Loan.
5. To enter into Agreement to Sale and Sale Deed for the property to be purchased.
And I hereby agree and undertake to ratify and confirm all and whatsoever, my said attorney,
under the power in that behalf herein before contain, shall lawfully do, execute or perform in
exercise of the power, authority and liberty hereby conferred upon, under and by virtue of this
deed. This power of attorney is irrevocable during the continuance of the loan to be availed by
POWER OF ATTORNEY
I, _____ son/ daughter of ____residing at ____do hereby appoint and constitute, MR / MRS _______ S/o // W/o Sri _______residing at ___ as my Agent and Power of Attorney holder to deposit my title deeds with Andhra Bank ___________ Branch, on ________________. I do hereby further authorize the said Sri/ Smt._________ to made the said deposit of the title deeds and do all incidental and consequential acts in pursuance
thereof which the Bank demands in this behalf.
All actions taken by Sri/ Smt.__________in pursuance of this Power of Attorney shall be binding
DATE : (SIGNATURE)
R.K Nanda
(Expert) 18 July 2016
Query very long.
Rajendra K Goyal
(Expert) 18 July 2016
Your husband can / should cancel the POA.
If the property is not in joint name (you and your husband), you have no right in the property during life time of husband who is owner of the property.
Your husband can use internet banking / through any person to deposit installments in loan account.
