Civil Procedure Code (CPC)

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rakshita (Analyst)     18 July 2016

Property law

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? 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)


 7 Replies

JustAdvisor (IT)     18 July 2016

POA holder is an agent on behalf of the Principal. his scope of agency is restricted by the terms of POA. POA is to be strictly construed. any doubt in interpretation will go in favour of the donor (your husband). to go into specifics, he has rights to acknowledge debts and revive time barred debts which defeat limitation - so make sure your husband pays instalments on time. I don't see power being granted to sell the property - so i guess that may be out of ambit. your rights with respect to property are matrimonial and wider in my opinion. however, you are requested to show your copy of SPOA to an able counsel for a thorough opinion - internet has its own limitations.

Kumar Doab (FIN)     18 July 2016

You have posted that:

"5. To enter into Agreement to Sale and Sale Deed for the property to be purchased."

 

So he has been given this power.

 

Rakshita (Analyst)     18 July 2016

@justadvisor.. What are the matrimonial rights? 

@KumarDoab...Can he sell the property without our  knowledge ?

 

JustAdvisor (IT)     18 July 2016

may you and your husband live together happily for a 100 years, but some of your rights are - right to residence, maintenance out of the rent from the property if you are staying elsewhere. if husband predeceases you intestate, you are a class I heir and this property shall devolve on you along with your children (brother doesn't have all these rights).

Kumar Doab (FIN)     18 July 2016

Querist @ Raksh*ta,

 

Your query has already been addressed. The extract from POA posted by you, is cited above.

You may go thru it slowly and carefully.

 

You have repeated the query at:

 

https://www.lawyersclubindia.com/experts/Property-law-608186.asp

 

and it has been duly addreesed, again.

 

The first hand impressions and opinions rendered to you are sincere and heartfelt.

 

Repititions won't help.

 

There is no change in my opinion.

 

Further prefer to  engage a very able counsel specializing in such/revenue/property matters  for a considered opinion after due examination of all docs on record and inputs. The counsel that has examined everything can opine the best.

 

Some counsels may provide 'Paid phone/email consultations'.

 

 

 

Kumar Doab (FIN)     18 July 2016

I am unable to understand why the word 'i' in the name of querist is getting posted as *.

 

I have tried copy paste from name of Querist as in thread, but still is appearing as *.

JustAdvisor (IT)     18 July 2016

i think "s h i t" is a blocked word and it is a part of the name :) - no offence to the querist!
1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query