Anzar 04 October 2018
A has a shop from Government on which its clearly mentioned not to handover the shop. A has to pay monthly rent for the shop. A has signed irrevocable power of attorney on a principle amount of 9Lakhs to B at 2006 and B was paying the rent to government. B died on 2015 and the shop is running by the son of B. How A can take back the shop now?
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 04 October 2018
Despite its name, an irrevocable power of attorney can be revoked in some situations. If the agent or attorney-in-fact is abusing his position by acting in a manner contrary to the best interests of the principal, a court action can be filed to revoke the power. And in some states, simply using the word "irrevocable" in the document will not necessarily make the power of attorney irrevocable. A court often looks at the relationship and transactions between the principal and agent to determine if the power was intended to be irrevocable.
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