Mother gave power of attorney to father for availing govt loan but now mistress staying in that home
Wing Commander Shaleen Airon
(Querist) 13 March 2016
This query is : Resolved
Dear Sirs,
A plot was in my mother's name (through draw of a Housing Society). Since my mother did not have enough money and was a housewife, she gave a Power Of Attorney in name of my father for availing Govt Loan for construction of that house.
... However, as of today, a mistress is staying in that constructed home and claiming it as her rightful property. My father has left that home in his will for the mistress (after his recent demise).
...
My question is : Does my mother have a rightful ownership of that house, as the POA was given for obtaining loan from Govt as my father was a govt servant.
.... My mother gave the POA in full faith to her wedded husband for use by the family. Isnt this cheating ?
Sudhir Kumar, Advocate
(Expert) 13 March 2016
Your post no where ndicates whether your father is dead. I presume he is dead that is why such situation is thee.
since he never owned the house he had no right to will the same.
you have not indicated how old is the death.
You have to meet nearest lawyer with papers. Soon you act better it is.
J K Agrawal
(Expert) 13 March 2016
as advised by Mr Sudhir Kumar, the POA holder is never the owner of the property. only your mother is owner and you have a good case in your hand.
Wing Commander Shaleen Airon
(Querist) 13 March 2016
Sirs,
My father passed away last week.
He has left the said house in his will to his mistress (2nd wife through conversion to Islam, despite his first wife (my mother) being alive & undivorced.
He has declared the property as 'self owned and self acquired'.
...
My mother had given POA in 1989 to my (now deceasd) father who has constructed a house on it from his own income.
- My mother has not contributed in buying or subsequent construction of same APART FROM THE INITIAL APPLICATION AMOUNT.
- The 'Allotment Letter' from M.P. Housing Board shows my mother's name as the allottee.
- Subsequently, my mother had also written an application - for Change in 'Nammankan', and her application money to be transfered in father's name, as my mother wasnt eligible for govt loan(being a housewife), but my father was.
Thanks.
Devajyoti Barman
(Expert) 13 March 2016
If draw of lot was in the name of your mother your father can never be its owner even on the strength of POA.
So the Will, if any, can be give a better title to the beneficiary.
File a suit for declaration and recovery po possession.
Wing Commander Shaleen Airon
(Querist) 13 March 2016
Dear Barman sir,
Your middle sentence was not understood - 'So the Will if any , can be give a better title to the beneficiary'
Kindly explain - I'll be grateful sir
Wing Commander Shaleen Airon
(Querist) 14 July 2016
Sirs,
On above matter - I went to Bhopal Development Authority to check file :
1. The plot was allotted in my mothers name - GPA given in father's name for availing Govt loan for construction on it (Govt servants ineligible for loan if plot is in wife's name).
2. My mother further requested to transfer the plot amount in my father's name to facilitate loan.
3. So, it is registered in father's name & he has willed it to his mistress (he died in March) and told it as Self-Acquired.
....
Question : Is father's ownership & Registration and subsequent willing it - Illegal?
