Thiagarajan (Consultant) 06 June 2011

How to canel Power of Attorney already given

Hi,

My father-in-law has three daughters and one son. He has Ancestors property (3 generations back) in Chennai city and he has given a power of attorney to this property to his son without the knowledge of his three daughters and without get any Affidavit from them. I have following question.

1. Now he wants to cancel the power of attorney which was given to his son earlier (right now his son is in abroad). Is it possible ? Did his son has to agree for this ?

2. Did the three daughter have rights on this property ? If so, how can they proceed to get their share ?

regards,
Raj

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4 Replies

Advocate M.Bhadra 06 June 2011

Your father-in-law at any time may revoke the Power of Attorney by executing a Deed for Revocation/cancelation at the Sub-Rgistrar Office.The Daughters may file a suit for Partition to establish the right.

Thiagarajan (Consultant) 07 June 2011

Hi Minansu,

Thanks for your advise. Did the daughters get equal share ?

Audry Fernandes (nil) 08 June 2011

Advocate Minansu Bhadra

Can the daughters file Partition suit while their father is living and in possession of the property?

Advocate M.Bhadra 08 June 2011

with reference to my earlier advice please note that one person may rvoke the Power of Attorney at any tine or it would automatically revoke on his death.Doughter or son can not claim the property right during the life time of his father.

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