• Property dispute

Dear sir,This is regarding ancestral house owned by  6 brothers of which 4 are cousin brothers.My brother and I hold 25% share.All of us gave power of attorny to my brother to construct a new house.He and nephew mortgaged the land by using the poAs and got joint loan from a bank for a period of 15 years. I paid money more than anyone because I did not want to be a part of that loan.Earlier it was decided amongst us to seperate the loan in individual names and register the property by prepayment of the loan. But now poA is getting more loans and he has failed to come up with any agreement so I revoked my POA. Please advise how to get my share of property registered in my name?
Asked 1 year ago in Property Law from Belgaum, Karnataka
Religion: Hindu
1. Since it is under construction it is nt wise to claim your share just now .
2 Your share in safe and the same can not removed form you.
3. You can ask for execution of a common partition deed so your respective shares can be determined early to avid future dispute.
4. In any event you can always claim share by way of filing a suit for partition.

I find execution and registration of a mutual deed of partition is best suited to all of you.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
1. In the same suit for partition you can seek injunction against leasing out of the property.
2. Apply for appointment of Receiver as well so the rent so collected from the existing tenant/s is deposited with him only.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
1) you had executed power of attorney in favour of your brother

2) on basis of power of attorney your brother had mortgaged the property 

3) unless and until loan is repaid bank will not release the property 

4) since you have revoked power of attorney your brother cannot take further loans 

5)file suit for partition to claim your share in property 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
1) you have not mentioned who is in possession of the house 

2) as joint owner of house you are entitled to possession of the house 

3) you can stay in your house when ever you so desire 
4) file partition suit as advised earlier 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
Hi, you have to file suit for partition and separate possession of your share in the joint family property.

2. You to sought for an injunction restrain  they form renting the property to any third party.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. It was not wise to give a POA for constructing a new house by demolishing the existing one before execution of partition. 

2. Since you have revoked the POA you may move to court and file for partition to get your share in the property.

3. Once you are able to cull out your share in the property you can mutate it in your favour.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

1. To stop him from renting out your property you may seek a stay order from the court.

2. Subsequently you may seek the partition of the property through the court. 

3. You require a Belgaum based lawyer.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. You had executed and registered a POA in favour of your brother who has mortgaged the entire property including your ahsre of the property with the Bank while availing loan for constructing a house thereupon,

2. The property is now mortgaged with the lending Bank now and your said brother, being your POA holder, has mortgaged your share of the property also. It means, you have mortgaged your share of the property through your POA holder,

3. A charge of the said lending Bank has been created on the entire mortgaged property including your share thereupon,

4. You can not deal with the said mortgaged property till the mortgage is cleared by all of you by repaying the loan.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. After the property has been mortgaged, he can not create third party interest on the said property by giving any portion of it on rent/lease without the written consent of the mortgagee Bank,

2. You can lodge your complaint to the Bank against such creation of third party interest on the property mortgaged with them,

3. You can also lodge a police complaint against your brother for illegally giving on rent, your portion of the said mortgaged property. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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