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Arif Iqbal (Advocate)     24 February 2016

Deed of revocation of power of attorney

A partnership firm namely M/s ABC comprising of two partners namely - P1 and P2. In the year 2014 the said two partners jointly executed a registered Deed of General POA in favour of X in respect of their firm M/s ABC. Now the parners wants to revoke the said power. But partner P1 resides out of the state and is presently unable to travel.

Hence Partner P2 executed a Deed of Revocation in the name of the Firm and presented it for registration. But the registering authority is refusing to register the same on the ground that the Revocation Deed must be executed by both the partners as the original POA was executed by both of them.

In my view this parter has power under the Partnership Act to execute such deed anf get it registered.

Please guide. Let me know if there is any suitable case laws.



Learning

 1 Replies

Prasun Chandra Das (Banker)     25 February 2016

Option-1:

 

As I am sure you know Sir, law does not prevent execution of document in separate states. Let P1 execute revocation deed wherever he is currently staying. Bring the deed to the state where P2 is staying. If higher stamp duty is applicable in P2's state, pl pay. Then go for registration. However, if registration office requires physicla presence of P1, then Option1 is not an option.

 

Option-2:

 

Why take the trouble of finding out rules/court cases? Send letter to registration office asking under what rule/law they are refusing. Or file an RTI.

 

Option-3:

 

Let P1 execute a Specific POA favg Mr M, specifically for this job. Then Mr M can physicallycome to P2's state and execute the revocation deed. This seems to be the best option.

 

 

 

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