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haseebuddins   16 September 2016

Can gpa holder take bank loan

Dear all

 

I have given GPA rights to a known person of our Land,  my question is :

1) Can GPA holder take Mortgage Loan from Bank  ?

2) In case he dosent repay the Mortgage Loan or misses the EMI, will the Bank Hold responsible to Actual Owners along with GPA holder?

 

Apprectiare your help in getting this queries addressed

 

thanks !



Learning

 2 Replies

G.L.N. Prasad (Retired employee.)     17 September 2016

When a GPA is given, it should speak the specific authority given to him through that document.  The document may also state a clause agaisnt such mortgage and this document should not be used for any other purposes other than specific purpose stated.

No Bank gives any finance on specific power of attorrney and for mortgage in Bank , original title deeds, link documents, tax paid receipts and other essential documents are a must.

AV Bagur Advocate (Advocate )     17 September 2016

The GPA holder can do all such things as are authrozied in or by the GPA.  If the GPA says that he can mortgage and/or raise loans against the property, then can raise loans against the property.

If the GPA says that the attornery holder  can take loans agains the net worth of the executor, then the the attorney holder can take loans in such a manner so as to peresonally bind the exeuctor for the loans taken by him. 

Should the GPA holder default in repayment of the EMIs the bank is legally empowered to proceed against the property.

The bank may or may not proceed against the GPA holder depending upon whether there was any personal guarantee by the GPA holder or not.

The bank would proceed against the GPA executor only if there was such a convenant in the GPA so as to personally bind the the executor, but not otherwise.

Having said all the above, it is necessary to examine the GPA and also the loan sanction documents before any opinion can be expressed.


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