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My brother took power of attorney from my father. But now he wants to take loan on property which my


06-Mar-2023 (In Family Law)
My brother took power of attorney from my father. But now he wants to take loan on property which my father doesn't want. Can he do something with out having property papers. Property papers are still with my father. We are hindu
Answers (3)

Answer #1
842 votes
I have perused the contents of your query and would advise you to consult a lawyer for a detailed consultancy. Better particulars are required to tender an opinion on this point. perusal of documents needs to be done
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Answer #2
609 votes
Your brother can not mortgage the property for loan if your deny in writing and POA doesn’t amount to transfer of ownership rights. Father can withdraw the POA be special declaration. Please feel free to get in touch for any further clarification
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Answer #3
848 votes
Dear friend, your father can revoke his POA any time after it is made if it is a revocable power of attorney. you hv to see whether it is a Spacial Power of Attorney or a General power of Attorney. In case of SPA it automatically expires after the specified purpose is done with, however GPA is a general power of all kind given to the attorney and generally these are irrevocable. I suggest your father to get it cancelled it asap, so that it can not be misutilised by him. pl contact a civil side experienced advocate to perform your needed things to get nullify your given Power of Attorney in a legal way.
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