Gp cancellation / Partition
I have been staying in Europe since 2008, I came here on Student visa with Education Loan from a Bank (we provided our House papers as security, which is on both of bro and my name).
I have completed study and paying back education loan instalments. In 2012 my brother and I decided to construct a house which is (same house for education loan) registered on our name. For Housing loan purpose he asked me for my GP, I gave GP to establish electricity meters, water etc. he said to me he was taking loan from bank only on that time which is 18,50.000, after that time passed. He did not pay any rents and not allowing us in to that property saying his property.
We cancel GP and informed the Bank, and SUB- Registrar office. That GP is not registered but based on that GP he showed to bank authorities and took valuation report for construction.
But we did not trace it’s NO or anything in any Local Sub Registrar offices. When we took EC from sub registrar office it’s showing my bro's name as GPA.
After that when we sent a notice from a local lawyer to my Brother. My bro ( Advocate) replied back to us saying based on GP, to construct house he raised private loans Rs 30.00.000 (excluding Bank loan ) from other individual, to take share or rents in that property I need to half of his loans. But these are fabricated figures.
Meanwhile we received a letter from bank saying at this moment we can't cancel GP because loan is still pending in the Bank.
My advocate asked for evidence and receipts, bills for construction and for Private loans.
Is there any I could do better any options left for me? Thanks for your help.
Asked 1 year ago in Civil Law from United Kingdom
Once GPA has been executed by you in favour of brother you have authorised him to
act on your behalf
2) your brother had on basis of said POA taken loan of Rs 18.50 lakhs on said property
3) if brother had during subsistence of POA taken Rs 30 lakhs loan it would be binding upon you
4) only after revocation of POA would you not be liable for acts done by yiur brother
5) yiur advocate had rightly called upon brother to substantiate his claim
Thanks for your Reply. I have cancelled GPA, but bank Authorities saying as of now I can't cancel GP because of Housing Loan. Is there any Possibility to put partition case in Courts ?
Asked 1 year ago
you can file suit for partition to claim your share in property
2) also seek an injunction restraining brother from selling the property
1. The title to a property is traceable to the sale deed executed for it, regardless of who repays the loan through monthly EMIs. In case of a joint ownership the share of the joint owner who does not pay back the loan his share is not emasculated much less abrogated.
2. You are free to file a suit for partition.
you should file a partition suit and separate your share. a mortgage property could be partitioned and also liability regarding the payment will also be partitioned. you may file such suit under section 16 of cpc.
This GPA deed is coupled wit interest ie., obliged with a bank loan hence it may not be possible to cancel the GPA without clearing the bank loan since he is the applicant for the bank loan ion behalf of the principal.
In such cases, you can dispossess him from the property by intimating him that you are revoking the GPA given to him and to vacate the premises and can file a mandatory injunction sit against him to not to interfere in your possession and enjoyment of the property and can implead the bank as party for transferring the loan to your name from the GPA's name owing to your cancellation of the GPA given to your brother. This is a tricky situation to be handle accordingly.
I have cancelled GPA, but bank Authorities saying as of now I can't cancel GP because of Housing Loan. Is there any Possibility to put partition case in Courts ?
Yes you can aproach court with an injunction suit or partition suit also.