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Amber (Project Manager)     13 May 2014

Specific power of attorney revocation

I have a flat in Mumbai for which I had executed a specific power of attorney in the name of a broker. Since I am not staying in India so I had executed this POA for rental purpose. The POA was registered in Goregaon registrar office.

Can you pls help in the below.

(a) How can I revoke the power of attorney while being outside of India

(b) if I do another specifc power of attorney in somebody else's name, would the above power of attorney will become automatically void or cancelled?

(c) the POA doesn't have any clause such as revocable or irrevocable. so in which category would POA fall in?

(d) broker is also having another power of attorney which was not notarized around a year back. However, i am worried he might misuse that one. any guidance how that can be avoided.

help appreciated

Regards

 



Learning

 7 Replies

Dr J C Vashista (Advocate)     13 May 2014

It is Special and not specific POA.

Ans to your question

How can I revoke the power of attorney while being outside of India

Execute cancellation of POA, get it notarised there itself (where you are residing) get it attested by area SDM in Mumbai.  

(b) if I do another specifc power of attorney in somebody else's name, would the above power of attorney will become automatically void or cancelled?

No, it would not become void or cancelled being independant to newly executed POA

(c) the POA doesn't have any clause such as revocable or irrevocable. so in which category would POA fall in?

Generally POA donot contain any such covenant, it is always revocable.

(d) broker having POA has to be cancelled by a declaratory suit in the court

Mahesh R. Sonawane (Lawyer/Fight for justice)     13 May 2014

I am agree with..Dr. Vashista sir...

Mobin Sayed (Lawyer)     13 May 2014

I agree with Dr.Vashishta.U can do as advised by him and if any help is required then u may be helped in Mumbai.

Mobin Sayed

09820207069

Amber (Project Manager)     13 May 2014

Thank you very much sir. I have some comments on your responses

(a) How can I revoke the power of attorney while being outside of India

Execute cancellation of POA, get it notarized there itself (where you are residing) get it attested by area SDM in Mumbai.  

Sir, I am currently staying in London. I can get the cancellation of POA attested by indian high commission. However I believe notarization is done in India only. is that correct? Can somebody else get it notarized and then attested by area SDM? Wouldn't I need to inform registrar office for cancellation

 

(b) if I do another specific power of attorney in somebody else's name, would the above power of attorney will become automatically void or cancelled?

No, it would not become void or cancelled being independent to newly executed POA

(c) the POA doesn't have any clause such as revocable or irrevocable. so in which category would POA fall in?

Generally POA donot contain any such covenant, it is always revocable.

(d) broker having POA has to be cancelled by a declaratory suit in the court

Can you pls guide on the procedure for filing declaratory suit in court? 

Biswanath Roy (Advocate)     13 May 2014

If in the covenant of the POA it is not categorically mentioned that the POA is irrevocable then the POA shall be treated as revocable.

There is a revocation format by which revocation can be made.

After revocation of the existing POA new POA can be given to another person.

Revocation of the POA is to be communicated to the Registrar where it was registered.and also to the POA attorney for his knowledge and with the request not to act in accordance to the power given to him with the warning that if he acts any further from the date of such knowledge he will do so at his own risks and shall bear all  legal liabilities and consequences in connection thereto.

T. Kalaiselvan, Advocate (Advocate)     13 May 2014

Very properly opined advised by learned senior Advocate Mr. Roy sir, finding nothing more to add, I agree and endorse sir's views.

Amber (Project Manager)     14 May 2014

Thank you Roy sir. That is very helpful too.


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