Bharat (Engineer) 17 October 2012

Cancelling power of attorney

Sirs,

With some understanding and trust, my father had given power of attorney to his brother, to enable him to sell some of the land/property. He used to take my father's consent before deciding/selling any piece of the property.

Unfortunately my father passed away last week.

Now, I would like to know - How to cancel the power of attorney given to uncle?

Also please provide any other valuable guidelines/procedures to follow.

Please advice at the earliest.

Many thanks.

Regards,

Bharat

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4 Replies

Advocate Upadhyay (partner) 17 October 2012

On death of your father , the Power of attorney is not valid , automatically . All types of Powe rof Attorney becomes inoperative after death of its principal .

Bharat (Engineer) 17 October 2012

I am not sure how the power of attorney was given, whether it was just a formal deed or in the presence of the magistrate...

1) Do we have to send any notification (letter or death certificate) to the concerned authorities (Tahasilar, Revenue officer or any other?) in that place where originally the power of attorney was given?

2) How to verify/check and ensure that my uncle doesn't misuse the POA already given..

3) What is the procedure to get the POA transferred to my name..

Please advice.

Many Thanks.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 17 October 2012

Power of Attorney automatically lapses on the death of your father. When there is no principal - who the agent would act on behalf of. However if the agency is coupled with interest then in that case it does not lapse even on death.