LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

S Dharwez (Project Associate)     20 July 2014

Irrevocable power of attorney

Hi,

My mother owns a property (Apartments). It was bought with the help of the bank loan. She is willing to give the irrevocable power to me. Is it possible to do when the documents are with the bank ? pls explain the procedures and the legal issues.



Learning

 2 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     20 July 2014

Ur mom is holding mortgaged property with lien over the property  of the the bank.  

1)  Legally not.  By  giving  Irrevocable Power of Attorney to you, you may create third party interest of the property already mortgaged with bank.

2)  If your mother is old incapable of handling property  you may approach Bank  assigning reasons thereof. 

3)  Executing irrevocable POA needs not require more documents.  Only details of Property  and attorney representing  the acts in behalf of Land-lord(Now Mortgagor/mortgagee) 

 Adv. Jeevan Patil

T. Kalaiselvan, Advocate (Advocate)     20 July 2014

Since your mother has mortgaged the property and secured it for the purpose of loan, she, until clears/discharges the entire loan amount  with interest, has no title over the property hence she cannot execute an irrevocable power of attorney in your favor in respect of the said property till she regains the title properly.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register