relating to gpa

nagendra (Querist) 23 August 2010 This query is : Resolved
hello sir, my mother along with her sister gave a GPA to their brother regarding a land. now only my mother want to revoke it. can she do so? if yes can you tel me whats the procedure in india to revoke a gpa

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s.subramanian (Expert) 23 August 2010
yes. gpa can be revoked. issue a notice of revocation to the agent and then make a public notification regarding such revocation.

Devajyoti Barman (Expert) 23 August 2010
Yes but if it was a registered document then she will have to revoke it by registered deed only.

R.Ranganathan (Expert) 23 August 2010
yes, I agree with the experts.

A V Vishal (Expert) 24 August 2010
Power of Attorney can be revoked or would stand revoked if :

Revoked by the principal himself
The principal dies or becomes insane or becomes bankrupt
The business for which the agent was appointed is over
Mutually agreed upon by the principal and agent
The right under the power of attorney is renounced by the agent

Further, If the power given to the attorney is coupled with an interest it is irrevocable.
To decide whether a given power is coupled with interest or not regards are to be given to the facts of each case and the wordings of the instrument itself.
The right of an agent to remuneration though stipulated in the form of property to be produced by exercise of power is not an interest in the required sense.
If the power is irrevocable as per the test laid down the parties are nevertheless free to make it revocable by an express stipulation to the contrary.
If the power is revocable than the parties cannot make it irrevocable merely by writing that the instrument is irrevocable.
A power of attorney is automatically terminated if- One of the parties to the instrument dies or becomes insane, The principal becomes insolvent or bankrupt, any specific condition in the instrument is breached, the business comes to an end.
" Courts refer to Indian Contract Act provisions to determine this question.