Revocation of power of attorney


My query wth my expert friends is that:-

1. Whether the revocation of power of attorney is mandatory or optional..Whatever the matter of P.O.A. is????/

2. If revocation is mandatory then whether it should be on stamp paper or on any legal size green paper or should be signed by same person or any other person duly authorised.

3. What should be the cost of stamp paper in that case and in whose favour it should be purchased.

I waiting for the reply of my learned members.

Regards

                      

 

 
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Dear Saurabh 

As the statutes are as silent as to when a power of attorney can be revoked, but there are some case laws accordingly that the position of revocability of power of attorney is well settled in our country. 

 
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practicing advocate

If it is regd., then it should be cancelled by executing the regd., cancellation deed, if not publication in the local news paper or widely ciruclated news paper regarding cancellation of PA is necessary.  You have to issue notice to the PA holder informing him regarding the cancellation of PA along with  the paper publication.

 
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Yes Adv Rajeev is right, i agree with him.

 
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Dear colleagus I have slight different opinion here.If alongwith power of attorney any supplymentary document is there like agreement to sale or developement agreement  and consideration is given to the person giving power of attorney,then power of attoeney cannot be cancelled either by public notice /legal notice of termination or/by cancellation deed . In this case power of attorney can be cancelled only by order of the court by filing suit for declaration and consequential reliefs.

 
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Patel seems to be right.My opiniion on this is also the same.

 
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So Sirs, if the P.O.A. is not regd. then can we revoke it through the same person who has issued it ? from 100 Rs. stamp paper or of less amount.

 
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Dear Member,

In Tamilnadu Power of Attorney should be registered if you are appointing an agent to purchase or sell a property.

Regarding cancellation/revocation, it can be cancelled/revoked by mutual consent of both parties by making a revocation deed registered before the same sub-registrar where the power was registered.

If the agent is not available in station the executor of the power of attorney can cause an intimation to the agent expressing his/her interest to cancell the power of Attorney and can revoke the deed by getting registered before the same sun-registry where the power was registered. Subsequently proper public notice can be given in two news papers (one shall be vernacular news paper) locally well circulated.

With regard to power of attorney where consideration has been passed on it can not be revocked unilaterally. It can be revoked on mutual consent of the parties.

Power of Attorney is not valid when a person executed the power document is not alive.

Hope i have thrown much light on this matter.

 

Regards

 

Nanchill J Rajkumar

 
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Individual Financial advisor

what is the period of validity of power of attorney .

 
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Dear Members

I wanted to sell my flat in Mumbai. I approached my sister and got a Power Of Attorney registered in Gujarat. This POA specifically mentioned that the POA is granted to me for selling the flat to the specific buyers(the buyers names were mentioned). Now I am unable to reach any form of agreement with them related to sale of my property. The buyers have also kept the original POA with them. On the original POA that was registered in Gujerat neither my name or my signature was taken at the time of registration. Please tell me what I should do? Will a renouncing of my POA suffice. My sister would not mind helping me with it. Please answer.

 
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