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PDF Editor FAQ

Can I get a home loan for power of attorney in India because the owner can not register the flat to my name?

No the loan can not be opted in the name of power of attorney.But yes you can take the loan. The owner ( Nri/ person of Indian origin) will have to apply for loan in his name through its power of attorney.Bank will consider income of the owner nri party and sanctions the loan . The attorney whom you appoint can register the property in your name no need of you being there. Further in loan application you Will be applicant and your power of attorney will be Co applicant and who will deal with the bank and sign all documents on your behalf. The ultimate liability lies with you the power of attorney is just an instrument to smoothen the transaction. Every bank has its own format of power of attorney please get it certified in the embassy which country you are currently residing.

Can an NRI give the power of attorney to a resident to operate his accounts and for making investments on his behalf?

Power of Attorney simply provides someone else the authority to take actions on your behalf; the attorney-in-fact is limited by the same rules, laws, and policies that their beneficiary is. If there are laws limiting or preventing an NRI from certain forms of transactions, assigning a resident as their attorney-in-fact will not provide an end-run around those regulations.

How long does it take for a divorce case in India normally?

Divorce if not by mutual consent ,is one of the worst and lengthiest legal procedure in India. I am fighting a divorce case in so called most literate state in India. Let me narrate my own experience.In fact I am a victim of a fraudulent NRI marriage where nothing is heard from my husband,a USA based NRI since last three years.He married me giving false qualification ie MS engg, false job ,visa and other details. When I found out all these they started harassing me saying gold is not enough car is not Audi which was their choice.Then the family took away what I had and forcefully removed Mangalsutra and dropped me in front of my home at midnight.Also they were not ready to register marriage.He never gave his address in USA and I could never contact him after he left India within two weeks nor he contacted me after that.Due to all these I lost my father and I stay with my old mother without siblings and anyone to help. I filed for divorce after a year. He never appeared instead sent his lawyer sister with a power of attorney made in 2008.Family court where I have filed for divorce have allowed a 10 year old power of attorney from his side. After deserting me within 15 days husband left for USA but even 7 hearings are over and from 4rth hearing Family Court accepted a 10 year old power of attorney and case is frequently adjourned citing he is in USA. I filed an interim petition against this and sought hearing raising objections against a power of attorney notarised 10 years before marriage. But court rejected it.I got a new goverment job 3 months after my marriage. A week before I had to join for new job my sister in law, a practising lawyer filed a false complaint saying I along with 2 accomplices beaten her and tried to get me arrested. With great difficulty I avoided arrest in a false complaint by providing CCTV images and bills to prove I was in a public place and visited a mall on that day. I joined for training and one week later my mother in law, a retired Family court judge wrote letter to director of my training institute with false allegations.Now after two years sister in law has filed private complaint with same false assault allegations and the magistrate in a tearing hurry sent me summons outside India within two months. To be noted here is same magistrate took no action over false case or no crime report by police for last TWO YEARS. Now recently my in laws has sent a new complaint saying I am a terrorist since all earlier efforts went in vain.Now I went to High Court for a speedy disposal in divorce petition as cases complaints etc were filed everywhere to make me lose my job and my only means if livelihood. And he has not appeared even a single time. But same Family Court which accepted 10 year old power of attorney and disposed Interim petition without hearing our side now sent a report to High Court saying we raised no objection against PoA and IA was heard. Of course high court felt that no need to give speedy disposal or redress the grievance of cheating in a fraudulent NRI marriage or the mental torture I am suffering at hands of my husband since last two and half years.THE MOST IMPORTANT POINT TO BE TOLD HERE IS my husband is SON of an influential retired District Judge and their lawyer is son of retired judge of the Highest Court in the country and my sister in law a lawyer. Every law and process is misused by them against me and I am spending my life fighting for my life and livelihood. Had the courts were merciful …… Even now I don't understand why report from Family Court has these factual errors.In a deliberate attempt by my husband to make the world never come to know the frauds committed by him and his family by prolonging the matter, I doubt whether he was already married in USA. But many people within the system are helping them to thwart the legal procedure and deny me justice.Now 3 years have passed and only God knows how many years I have to suffer from a dead relationship tied only by legal means. And when my prayer for justice will be answered ….So if you are a victim of fraudulent NRI marriage and married to a very influential family of those who once sat in the echelons of power.. …….no one can clearly say how long a contested divorce with a fraud will end legally especially if the opposite party is son of a retired judge.

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