General power of attorney
Adv B.B.Gambhir #9814820602
(Querist) 15 July 2014
This query is : Resolved
under which provisions before cancellation of registered GPA, it is mandatory to send a notice to gpa holder. if not necessary then provide me any citation please.
Devajyoti Barman
(Expert) 15 July 2014
sorry citations or provision of law is not supplied here.
ajay sethi
(Expert) 16 July 2014
we dont provide citations . search in indian kanoon.com
Anirudh
(Expert) 16 July 2014
First and foremost please indicate who told you that you should send a notice to the GPA holder about the proposed cancellation?
It is after cancellation of the GPA and registering the said cancellation, you have to duly intimate the GPA Holder. This applies only in cases where the GPA is revokable.
If an agent has an interest in the property that forms the subject matter of the agency created via the POA, the agency cannot be terminated to the prejudice of such an interest.
Also, where an agency is created for valuable consideration and authority is given to effect a security, it cannot be revoked. The POA is irrevocable if it creates an agency coupled with interest. Where an authority or power is coupled with interest, it is irrevocable unless there is an express stipulation to the contrary.
T. Kalaiselvan, Advocate
(Expert) 17 July 2014
Generally speaking, a power of attorney can be terminated or cancelled by the principal by revoking his authority or by the power of attorney holder renouncing his authority.
According to S. 201 of the Contract Act, an agency can be terminated by the principal by revoking his authority or by the agent renouncing his authority, unless such revocation is prohibited under S. 202 of the Contract Act. S. 201 of the Contract Act also states that an agency terminates, inter alia, by death of principal or agent.
The POA Act does not state when a power of attorney is irrevocable. However, in various commercial transactions, a donor gives an irrevocable power of attorney, on contractual basis, to secure the interest of the donee of the power.
S. 202 of the Contract Act states that "where the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest."
