Implied revocation of power of attorney
raja athimoolam
(Querist) 13 August 2011
This query is : Resolved
“A” the principal executed a power of attorney to "B" appointing him as his agent, but "A" the principal, exercised agent's duty when the power of attorney is in force. Whether it amounts to implied revocation of power of attorney? If yes pl give me citations. Thank you.
Shailesh Kr. Shah
(Expert) 13 August 2011
no, there is no revocation of poa. However no use poa, if it was given for that work, which is executed by you.
adv. rajeev ( rajoo )
(Expert) 13 August 2011
It is necessary to revoke the PA even if it is executed for special purpose.
Raj Kumar Makkad
(Expert) 13 August 2011
In the given case, it shall not be treated as an automatic revocation of POA rather the shall be treated as continuing without any break.
R.Ramachandran
(Expert) 13 August 2011
Mr. Raja has to come out with some more details - i.e. fact situation and also the full contents of the POA (of course without disclosing the vital information like name, place, of the parties, and information about the property if any involved etc.)
K.S.Srinivas
(Expert) 13 August 2011
I agree with the experts.
M V Gupta
(Expert) 14 August 2011
Giving a POA does not mean that the Principal cannot himself do the acts deeds and things covered by the POA. POA is meant to enable the things to be done on behalf of the Principal when he is not in a position to attend to them in person. There is no implied revocation of the power, if the Principal exercises the powers in question.
prabhakar singh
(Expert) 14 August 2011
Whether it amounts to implied revocation of power of attorney?
'no 'is the answer
Advocate. Arunagiri
(Expert) 14 August 2011
Revocation of POA must be direct, not implied.
But, appointment of POA can be implied in certain circumstances, where ever the POA need not be in registered.
raja athimoolam
(Querist) 15 August 2011
Sec 207of Indian contract act reads as follows
"Revocation and renunciation may be expressed or implied.-Revocation and renunciation may be expressed or may be implied in the conduct of the principal or agent respectively.
Illustration
A empowers B to led A’s house. Afterwards A lets it himself. This is an implied revocation of B’s authority."
I need citations to explain the above section. Please.
Advocate. Arunagiri
(Expert) 15 August 2011
When the principal executed (this goes without saying that the POA is in written form) POA in favour of the agent, this cannot be revoked by implied act.
See. S.206 of of the act. It says reasonable notice "must" be given for revocation.
M V Gupta
(Expert) 17 August 2011
Sec 207 deals with a specific POA given for a specified single purpose. This may not apply to GPOA. In the latter case there should be notice as provided in Sec.206 of the contact Act. The querist does not say whether the POA in question is a GPOA or a SPOA. Depending on the nature of the POA he may draw his conclusion in the light of the observations contained above.
