Mr.X purchased a house property from Mr.Y vide Agreement of Sale-cum-general power of attorney and Mr.Y executed Development Agreement-cum-Sale in favor of Mr. Z.Now Mr.Z desires to obtain loan from bank by mortgage the said property.However, it is pointed out that borrowing power is not mentioned in the Agreement of Sale-cum- Genral power of Attorney, only the word mortgage is mentioned .Can we borrow from bank based on the word mortgage? Is it implied borrowing power? Will you please give case laws supporting to the opinion and advice.
