Cancellation of irrevocable gpa

Querist : Anonymous (Querist) 09 January 2012 This query is : Resolved
One of my relative has given the irrevocable GPA but the party has not settled the amount so he want to cancel the GPA SO Please suggest me procedure.

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V R SHROFF (Expert) 09 January 2012
Whatever the attorney had acted till date is binding on you,
Yo can cancell POA from prospective effect, after due notice to him and to Public by publishing in news paper.
You may restrain him further by court order.

Deepak Nair (Expert) 09 January 2012
Mr.Shroff has rightly advised you.

ajay sethi (Expert) 09 January 2012
According to section 202 of the Indian Contracts Act if the agent ahs an interest in the property that forms the subject matter of the agency sought to be created via the power of attorney in dispute the agency cannot be terminated to the prejudice of such an interest. Moreover where an agency is created for valuable and authority is given to effectuate a security the authority cannot be revoked.

ajay sethi (Expert) 09 January 2012
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.

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.

prabhakar singh (Expert) 09 January 2012
Yes! If some interest was created in the property,then lot depends on that as no revocation could be done and amount can be recovered by a law suit subject to law of limitation.In case interest was to pass only on final payment and the POA has not created any third party interest,revocation could be possible.
It would be better to seek advise in a lawyers chamber with POA deed.

Sailesh Kumar Shah (Expert) 09 January 2012
Agree with views of Mr.Sethi and Mr.Singh.

M/s. Y-not legal services (Expert) 09 January 2012
am also agreee with ajay sir..

-tom-

Advocate. Arunagiri (Expert) 09 January 2012
If the power of attorney is created with any consideration, it can be revoked.

If no consideration, if it is revoked, the act done so far will bind the principal.

Devajyoti Barman (Expert) 09 January 2012
Yes, right Mr arunagiri.

Querist : Anonymous (Querist) 10 January 2012
Is irrevocable GPOA has been cancelled

Advocate. Arunagiri (Expert) 10 January 2012
Mr.Anonymous,

what do you mean by this query?

"Is irrevocable GPOA has been cancelled"

Querist : Anonymous (Querist) 10 January 2012
one of my friend told that irrevocable GPOA HAS BEEN REMOVED

Raj Kumar Makkad (Expert) 15 January 2012
Your friend's opinion is not accurate and legal one.

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