• Flat power of attorney

Hi 

I am Archana, Lives in Mumbai. I have a flat on my name actually i have a businees and on mutual groud with my Business partner we purchased flat on Loan. Now he wants power of attorney of that flat. if i do so then what about loan ?
Asked 1 year ago in Property Law from Navi Mumbai, Maharashtra
Religion: Hindu

You can give power of attorney except power to sell or create third party rights or giving flat on leave and license

Yusuf Rampurawala
Advocate, Mumbai
4663 Answers
28 Consultations

5.0 on 5.0

The loan liability will be continue to be on you till it's disposed or paid.

If the Power of attorney is to only look after the affairs other than transfer of title and right is alright.

Thresiamma G. Mathew
Advocate, Mumbai
1574 Answers
156 Consultations

5.0 on 5.0

dont execute POA in your partner name

2) he would execute sale deed on basis of POA or mortgage the flat

Ajay Sethi
Advocate, Mumbai
69020 Answers
4153 Consultations

5.0 on 5.0

This is my response to you:

1. When you purchased the flat, is there any provision of it mentioning that you will joint owners and shall bear the expenses jointly?

2. While taking out the loan were you both the applicants? Who was primary applicant and guarantor?

3. If the answers to above question is yes then both are accountable to pay for the flat through loan;

4. The POA can be made, but you can change and alter the terms of it as per your wishes so that nobody is liable and nobody can shift the burden onto the other;

5. So consult a local lawyer with your query and he/she may assist you further on this and draft your POA accordingly.

Gowaal Padavi
Advocate, Mumbai
1844 Answers
2 Consultations

5.0 on 5.0

Hello,

Do not give the POA, if you do so then he might use the same for his personal use also.

Which property has been mortgaged against the said loan?

Regards

Anilesh Tewari
Advocate, New Delhi
17268 Answers
267 Consultations

5.0 on 5.0

You have to pay loan even you give power of attorney to the partner further to sell or transfer the NOC is required.

Shubham Jhajharia
Advocate, Ahmedabad
20885 Answers
81 Consultations

5.0 on 5.0

The power of attorney regarding the flat can be given for the sale of the flat in that case the payment of EMI lies on you only and he can sell the flat.

In case want to secure is there in the property then you can go for an agreement to sale with him on payment of his share from him.

Vimlesh Prasad Mishra
Advocate, Lucknow
5683 Answers
19 Consultations

4.9 on 5.0

Despite the POA, the liability to repay the loan on the flat will remain vested upon you.

You are advised to consult a local lawyer along with the relevant papers before you take a final decision in this matter.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Hi,

You may give limited power of attorney for use etc. and still remain the title of the same and keep on repaying loan. Also, you may wish to give your all rights and opt out of the loan following proper procedures.

Ganesh Singh
Advocate, Delhi
3271 Answers
9 Consultations

4.5 on 5.0

Loan shall be paid in same manner it is now.

If you execute POA, than he will get the authority to alienate property and loan liability will remain same.

Yogendra Singh Rajawat
Advocate, Jaipur
14592 Answers
19 Consultations

4.6 on 5.0

PoA is a document that gives a person the legal powers to act on behalf of another. It can be used to hand over the power to someone to act on your behalf when you are not available or are not capable of carrying out your own dealings.

Always remember that primary responsibility of a Loan Liability rests with the co-borrower or guarantor of the loan.

Mohammed Mujeeb
Advocate, Hyderabad
11738 Answers
4 Consultations

4.5 on 5.0

Dear Madam,

Any subsequent document after taking loan do not bind the bankers. They have every right to recover the loan amount if you are defaulter. If power of attorney is given, he get rights over the property along with liabilities also.

Please refer the following laws:

I. General Power of Attorney: A general power of attorney is one by which an instrument is executed by the principal authorising the agent to do certain acts in general on his behalf. The word ‘General’ here means that the power must be general regarding the subject matter and not general with regard to powers in respect of a subject matter. If the subject matter is not general but restricted to something either specific or specifically mentioned by the principal while drafting an instrument then it will not constitute a general power of attorney. It is otherwise called as limited power of attorney.

Netravathi Kalaskar
Advocate, Bengaluru
3801 Answers
18 Consultations

5.0 on 5.0

He just give power to anyone whom he wants to for the pursope let out the and to represent him on behad of your partner to any govt authority like registration office., For electricity problem etc.

Smita Pal
Advocate, Navi Mumbai
2 Answers

Not rated

The loan repayment has to be made by both of you as per your terms for availing and repaying the loan.

POA has nothing to with the repayment of home loan.

You can always arrange for an agreement on this.

T Kalaiselvan
Advocate, Vellore
58862 Answers
745 Consultations

5.0 on 5.0

1) Don't give POA of flat to your partners name if the loan is on business name or partners name ?

2) Try to elaborate more regarding this if Business should have partnership firm and loan is firm name than its okay to have flat on partners name.

Ganesh Kadam
Advocate, Pune
8251 Answers
69 Consultations

4.9 on 5.0

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