• Custody of Home & Clear the dispute of Landlord and Loaners

I am John (Resident of Netherlands from 2008 till date).

This is a dispute between tenant, owner and neighbors on moving house hold items from the rental house.

I have summarized below details about the dispute.

1. Myself John  on 2003 without any rental agreement with my family (Father, Mother, Elder Brother) took  2 bedroom house  for Rs. 2500 per month (2 months deposit).
2. Over the period, the rental month increased to Rs. 8500 Per month. This was paid till date and I have attached my bank transactions including Electricity bill and other charge (Repair).
3. On 2015 July, I learnt that my mother took some loans from Neighbors (two people) without any agreement or papers, I contacted them over the phone and settled their amount. I have attached bank transaction regarding the same.
4. On Dec 2014, my elder brother (Software Consultant) married with a girl opposing her family (mother-in-law) in front of Priest in the church (Legally Govt. Registered), however, his mother-n-law is not in favor of this marriage, always troubling my family at their residence house such as emotional torture to the girl, shouting and coming with 10 people and created a big scene.
   Because of this, my elder brother took a decision to start living in a separate house in the nearby location at their residence house. Still there was problems from his mother-in-law to the place where my parents lived. Finally, he took decision to take parents also with him.
5. Meanwhile, my elder brother left for Portugal for long term job assignment and took my parents with him. 
6. I have paid the monthly rent till Jan 2016. I already paid Rs. 46,000 (as amount for repairing the house on 11/04/2015). However, still the owner is asking more money. I agreed to the owner that I will pay Rs. 30000 as amount towards repairing the house again (Such as door, painting, cleaning).
7. Out of this agreed Rs. 30000, I paid them Rs. 15000 and kept another Rs. 15000 on hold till the date of movement of the house hold items (Its my plan or idea). 
8. I agree that I made some delays in giving the monthly rent, but still I paid the monthly rent with due amount, but Rs. 76,000 (in total for repairing the house is something too much).

1. I need a third person (to whom I can give power of attorney to move / vacant the house hold items from below address) because I don't have any friends at the site or myself / my brother can't come to Hyderabad for this issue.
2. Movers and packagers are ready to move the items from the house, however, they think it would be better if any person on behalf of me take the responsibility and accountability of house hold items.
3. I want to maintain a good relationship with the house owner even after this dispute solved. 
4. I don't want a third person (unknown person) comes and informs me (during shifting the household items by movers and packages) that my mother took loan from him / her and don't allow movers&packages to move the items.
5. I want to close this dispute by 21st Jan, as I took leave from my office to solve this issue rather than getting disturbed during my office hours.
6. I need a power of attorney document prepared clearly mentioning what are the activities and responsibilities of the person on behalf of me.
7. I need you to be present at the site (at my rental place) during moving the household items by Movers and packagers. so that if any problem arises, legally you might support me.

I feel that the main source of taking loan by my mother was from my aunt (uncle, my mother's own brother located at Hyderabad). I don't trust them any more.
Because, I believe they started a finance business (illegally) taking money from A and giving money to B with higher interest rate. 
On this transaction, they get some percentage of commission.
and she / he used my mother's soft speaking character and also my elder brother's financial situation, so that provided loan with higher interest rate 10%.
God only knows why my mother took it. My mother claims that she took it for the sake of my elder brother, who visited to Philippines for short-term job assignment in SAP CRM on Jan 2014, but he want to stay there and continue his job search after the assignment. For that he asked my mother to arrange money rather than asking me, I remember he asked me money for two months and I transferred his money ). By god grace, at 4th month he got job offer in Saudi.
As of now, I am sure my brother doesn't have a problem with the job at present or in near future.

So how I can proceed this Legally and according to my situation as me and my parents are in abroad. What sequences can occur if I proceed legally ? What are the things I need to be get prepared.?
Asked 2 years ago in Property Law from Hyderabad, Telangana
Religion: Christian
Hi, For shifting the house i don't think you require General Power of Attorney it can be done by mutual trust and help.

2. You can contact any advocate in the site and they will help you to draft the General Power of Attorney.
Pradeep Bharathipura
Advocate, Bangalore
4527 Answers
202 Consultations

4.3 on 5.0

1) your lawyer can prepare power of attorney and forward it to you for your signature 

2) you can sign the said power of attorney and have it attested before Indian consulate 

3) the POA holder has to be someone you trust and who can protect your interests 

4) he should prepare inventory of household items and contact local movers and packers for shifting items . The household items must be insured 
Ajay Sethi
Advocate, Mumbai
44196 Answers
2562 Consultations

5.0 on 5.0

There is no legal issue involved in it, at least for the present.
You anticipate the lenders to create problem while shifting the goods, right?
Well the lenders cannot stop someone shifting the household articles of the house being vacated.  If at all they have any claim outstanding against the borrowers, they may have to proceed by following due process of law and not by adopting any illegal means. The though of power of attorney is a goo idea, but who will execute a power of attorney and from where?
If you want to execute a power of attorney from Netherlands, you may have to get it attested by a Notary or an Officer of the Indian Embassy/high Commission and send it to the person to whom you would like give this special power deed.
Instead what you do is that inform the landlord that you are vacating on a said date and ask him to just be a witness to the movers packing and moving the household articles. Alternately you can ask some one trustworthy to remain present while the packing and moving is on. 
T Kalaiselvan
Advocate, Vellore
34332 Answers
367 Consultations

5.0 on 5.0

The POA can be executed by you in favour of anyone, he could be a person related to you by blood or even a friend. As of now no cause of action has arisen to either you or the owner. Get the POA prepared by a lawyer. 
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

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