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shivkumar (proprietor)     06 September 2010

Cancellation of power of attorney of property

I have given Power of Attorney to a person 'X'  by registering the power of attorney deed at the registrar office to look/take care of my shop block and to deal with the government departments for the mutation of my name in their concerned records and to enter in to agreement to sale and to execute sale deed with others as well as self(person X himself)

Till date no transaction of agreement of sale or sale deed has been executed by the person 'x' and now I want to cancell the power of attorney given to him.But the person is not co-operating with me to cancell the same.I feel that he may misuse the power.

Kindly guide how to cancell/revoke the Power of Attorney deed with the respective cancellation deed draft. 



Learning

 12 Replies

sanjay mundada (legal advisor)     06 September 2010

prima facia , only giving notice of cancellation by rpad and pubic notice in news paper is enough but about merit on law---then i will reply in detail.

answer first following questons

1 is any agreement with considertion backed by power of attorney.?

2 have you received any amount against powr given ?

3 holder of p.a. is your family member ?

4.is there any deal or contract between you and holder of p. a.

1 Like

shivkumar (proprietor)     07 September 2010

Thanks for your reply.Furthur I would like to inform that: 1 there is no agreement with consideration or without consideration which is backed by the power of attorney. 2 I have not received any amount against the POA 3 The POA holder is not my Family member. 4 There isn't any deal or contract between me & POA holder. But the POa is registered with the Sub Registrar.So shall the Cancellation deed also be registered.

sanjay mundada (legal advisor)     07 September 2010

it is good to register cancellation .but no matter follow my prior opinion ,it is legal.

m.kupparaju (Advocate)     08 September 2010

Dera Shivakumar,

 

 My fraternity friend Mr.Sanjay is absolutely right, follow it, it is legally binding.You have executed a Registered Power of Attorney, so for cacellation of Power of Attorney it shall also be registered.

1 Like

Sri Vijayan.A (Legal Consultant)     09 September 2010

It doesnt matter whether the POA co-operates/ co-ordinates with you. U have all the rights to revoke the power. But the cancellation deed also to be registered.

1 Like

R.Ranganathan (Director)     09 September 2010

You send notice to POA and then register the cancellation deed immediately before POA acts against your interest and property and create some encumbrance in the property.

1 Like

PRASHANT RAJGURU (PROFESSIONAL)     19 March 2011

My question is exact matched with Mr. Shivkumar & even also his answers to the 4 questions.  

Only addition into that, my client executed & registered IRREVOCABLE P.O.A.

Now my client wants to cancell the same and the attorney not co-operate to do so.  

Sri Vijayan.A (Legal Consultant)     19 March 2011

Dear Mr.Prashant Raj Guru,

Though it is named as Irrevocable, it can be revocable at the wish of the Principal.

Proceed further.

Thank you

Goutam (Student)     20 March 2011

Dear frnds,

                   Plz give me the citation of those rulings in which it is mentioned that Cancellation of Power of Attorney must be done by Registration process.

           And those rulings in which mentioned that merely publish in news paper about the Cancellation of Power of Attorney is not sufficient and it is not legally.........

Goutam (Student)     20 March 2011

Dear Sanjay mundada,

                                  You have asked a question from shiv kumar that the Power of Attorney holder is ur family member.    plz tell me :-

                                  If his answer  in Yes form. Then what will be ur suggestions..  Is there is any law point behind the fact, Explain in clear form.

PRASHANT RAJGURU (PROFESSIONAL)     21 March 2011

Shri. Vijayan Sir, I am thankful to you for your immediate and helpful reply.

vivek Tiwari (Law officer)     12 August 2012

If a person alleges that in guise of execution of power of attorney some one  got executed sale deed then what should be valuation of suit


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