• Regarding home loan

My husband own a home in mumbai on Ioan. N we hv 3 kids.Many a time he asked me to leave home while fights.. And asked for Divorces. So I asked for power of attorney of my home on my name for sm security reasons. Which he did.. But after that he stopped paying d Emi n stopped giving me maintainance for 6 months. to support him.First d reason for this was that his company closed n he was jobless..  but now whn he got new job still he is not giving..  and asking me to pay Emi n home expenses. I own a small bzns to support my fmly cz of financial issues. My question is..  if  further he does not pay Emi..  who will b responsible to pay bank.. my husband ( as home loan is on his name)???  or me( as power of attorney is in my hand)???  
Plz suggest what must I do.??
I m a Muslim
Asked 1 year ago in Civil Law from Mumbai, Maharashtra
1) your husband is liable to pay the EMI of home loan 

2) if your husband fails to pay maintenance for the children you can file. Domestic violence case against him and seek maintenance for children 

3) also obtain injunction restraining husband from selling the flat and to direct him to pay EMI of the flat 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
1. You can sue him to claim maintenance for yourself and your kids as your husband is legally bound to maintain all of you.

2. If he stops paying the EMIs the bank will take possession of the house and auction it to recover the loan. Power of Attorney does not shift the liability to repay the loan to you. 

3. If he defaults in paying the EMIs you can apply to the bank to pay the EMIs to prevent the taking of possession. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. If your husband does not pay EMI, his loan account will become NPA and the Bank will initiate SARFAESI Action by which the said house will be taken over by the Bank for selling it to realise the outstanding amount,

2. When the house is ortgaged with the Bank, the said POA is of no use,

3. You can negotiate with the Bank to transfer the loan on your name for which your husband shall have to file an application,

4. If you become the borrower, then with the permission of the Bank you can transfer the ownership of the property in your name through the said POA,

5. Afte the property is transferred in your name, you can continue to pay the EMI,

6. You can thereafter file a maintenance petition claiming maintenance for your children.

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hello,
1) Power of attorney does not pass on any ownership rights. It is only an authority given to represent someone in his or her absence.

2) If the power of attorney is a registered one using the same you can transfer the property in your name out someone else.

3) You are court liable to pay the EMI by virtue of the POA. The person in whose name the loan is liable to pay the EMI

4) You can file for maintenance for yourself and the children.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
The applicant and borrower of the loan are jointly liable to pay the loan amount .The first charge ofg the property is to bank.The power of attorney has validity if there is a no debt in bank. .  In case the power of attorney is registered deed then your husband can cancel it through a deed of cancellation/ revocation & that too has to be registered. In case the power of attorney is not registered then it can be cancelled by a registered letter written on plan paper & sent to you.

1.File the petition for maintenance
2. File a suit for injunction restraining husband from selling the flat and to direct him to pay EMI of the flat to bank 
3.Settle the matter amicably with the help of close relatives or friends
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
If the property is self purchase by your husband and he borrowed a loan in lieu of security of home then he is responsible to pay EMI,in default of EMI bank can sell the property by dispossession of you.Moreover you can not claim the property during life time of your husband. You have only maintenance and residence right.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
Hi,
For what purpose you've taken Power of Attorney? Your question is not clear, kindly clarify the contents of POA.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
Hi, when the property was standing in the name of your husband then he alone is liable to pay the home loan EMI and your are not responsible to pay home loan and you are just a Power of Attorney holder and he can cancel the power of attorney at any time.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The Power of attorney holder has got nothing to do with the repayment of home loans or EMI.  It is the responsibility of the borrower to repay the loan and interest.  Well, what is the benefit you have achieved after getting power of attorney of the property in your favor?, dd you transfer the property to any one of your choice on that basis?
You should understand one legal issue that a power of attorney holder will not become a title holder of the property, the agent can sell or dispose the property in a third party's favor on the basis of power given to the agent.
If there is default in loan repayment, the bankers will initiate necessary action for recovery including seizing the property for auction and adjust the sale proceeds towards the outstanding loan and the interest. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
1. Loan shall be paid by the borrower, power of attorney does not vest this right into power of attorney holder.

2. POA is executed for specific purpose, but absolute remains in the owner.

3. You have the right to get maintenance out of his property by filing application under order 21 of cpc.

4. this house is his self acquired property so you have no right sold it unless it is empowered by the POA,

Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0

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