Girish Paryani (Legal Professional) 28 December 2008

Power Of Attorney

hi friends,
kindly let me know the procedure relating to revocation of general power of attorneys and special power of attorney. And is it necessary to revoke the same at the place in which it is registered or there is option to the same. And whether the same can revoked unilaterally.
Regards
Adv. G.

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6 Replies

S.PRANOYSHUBHRA (Advocate) 28 December 2008

Hi Friend

You can revoke the Power by getting it registered at any registration office and inform the constituted Attorney about the revocation through letter and also by paper publications. Yes you can do it unilaterally.

Pranoy Saha

Advocate

AEJAZ AHMED (Legal Consultant/Lawyer) 29 December 2008

Mr. Grish Paryani,

Executant can revok the power of attorney by notifying his attorney-in-fact that he is revoking the power of attorney. Revocations are not always required to be in writing, however, for clarity’s sake, it is recommended. A simple 1-page form stating that he wish to revoke the appointment of his attorney will usually suffice. The form should be signed by him and his signature should be notarized. If the power of attorney involves his incapacity, he may want to have witnesses also sign the revocation document. He should then deliver the revocation notice to the attorney-in-fact and deliver copies to any person or business to which the attorney-in-fact may have presented the power of attorney. If the power of attorney involved a transaction for the purchase or sale of real estate and was recorded in a title or registry office, he should also record the notice of revocation.

PRE – REQUISITE CONDITION :

Any person, being an executant of a Power of Attorney, wanting to cancel it with prospective effect. Only pre-requisite is that the power of attorney sought to be revoked should not be irrevocable by creation.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 29 December 2008

I do agree with AEJAZ AHMED

Vijay Raj Mahajan (Advocate) 29 December 2008

If the power of attorney in any form general or special is duly registered usually for the purpose of selling an immovable property, then this can be revoked only by deed of revocation & that too has to be registered at the same place where the original power of attorney was registered with the same office of the registrar. The purpose of revocation of any such power attorney is to prevent the person who has been assigned the power to execute any document or deed relating to the immovable property has been stopped to do so as the original attorney/executor of the POA has revoked this power from the executee of the POA to do so on his behalf. The second purpose of getting this deed of revocation registered with the same registrar is for him to be aware of such revocation of the original power of attorney. The registered deed of revocation of power of attorney should also be placed on the record of the Registrar in whose jurisdiction the immovable property existed & its sale deed was to be got registered by the executee of the Power of Attorney on behalf of the executor of the POA.

Girish Paryani (Legal Professional) 29 December 2008

Thanks friends you have been really kind replying. The only doubt remains is of revocation of special power of attorney. i have heard that it need publication is that true. i will give the letter of revocation to executee accoridngly. and does any power of attorney is automatically revoked without there being any mention for the same.

Regards

Adv. G.