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Mathan Ramasamy (Consultant)     22 June 2012

Gpa cancellation

I am a NRI and have given General power of Attorney to my mother who resides in India. GPA was initated through Indian consulate and regristered in India. My wife also stays with me, NRI, who also has given GPA to her brother who resides in India.  This was given in India itself and registered in India.

Now we want to cancel both GPAs since we dont feel that is no longer required.   Both originals are with my mother.   Both my mother and brother-in-kaw are ready for cancellation.  I was told that we should personally appear in Sub-register office while cancelation.  How can I and my wife cancel/revoke from abroad?   Is there anyway we can execute cancellation of our POAs through consulate and avoid travelling to India?

Any help will be appreciated.



Learning

 6 Replies

Gopikrishna Kalyanam (Lawyer)     22 June 2012

Dear Mr.Mathan Ramasamy

You should 1. Send a Registered Letter (with Acknowledgement due) notifying the Agents of cancellation of the Power of Attorney. 2. Send a Registered Letter (with Acknowledgement due) to the concerned Registrar along with copy of letter sent to the Power of attorney notifying him of cancellation of the POA. 3. Give a paper publication of cancellation of POA in a local daily.

Since both originals are with you, you can strike across and endorse each as cancelled and keep with you.

Please maintain copies of the  letters, paper publication, postal receipts  and postal acknowledgements carefully.

Best Wishes

SAINATH DEVALLA (LEGAL CONSULTANT)     22 June 2012

Mr.Ramaswamy,

  You have to draft revocation of GPA deed and  register it at the concerned Registrar Office where the GPA  has been executed and immediately send notice to the GPA Agent by registered post with Ack. card. Find below the model Revocation of GPA

DEED OF CANCELLATION OF GENERAL POWER OF ATTORNEY

THIS DEED OF CANCELLATION OF GENERAL POWER OF ATTORNEY is executed at                    this day of                       by X, son of A, Hindu, aged about      years, residing at No. , (hereinafter referred to as the PRINCIPAL), do hereby cancel the General Power of Attorney deed dated              , registered in Book IV, as document No.                , on the file of Sub-Registrar, xxxxxxxxxx, which was executed to and in favour of Y, son of B, residing at No. , (hereinafter referred to as the AGENT) in respect of the schedule property and today I am hereby canceling the aforesaid power of attorney deed and restraining him to do any act or acts on behalf of me in respect of the schedule property

SCHEDULE OF PROPERTY


WITNESSESS:
(Mr.X…………….)
1. PRINCIPAL



2

Mathan Ramasamy (Consultant)     22 June 2012

Thank you for your response.

I may need more specific details how I can cancel from abroad?  Do I need to get attestation of Cancellation deed from Indian consulate and send to the concerned sub-register office?   If you could let me know the process steps, it will be helpful.

OR Do I must travel to India and physically appear in Sub-register office to execute cancellation deed?

 

Thanks,

Mathan Ramasamy

Gopikrishna Kalyanam (Lawyer)     22 June 2012

Dear Mathan Ramasamy,

You can present the cancellation deed at the Indian consulate for stamping and send it to your brother-in-law to present before the concerned Registrar. If the Registrar requires the original, send it with the cancelled endorsement.

Best Wishes

Ajit Singh Cheema (practising Advocate)     22 June 2012

Get each GPA cancelled individually from your mother and brother in law.Send a copy each of the cancelled GPA to the concerned Sub Registrar through registered post.As an abundant precaution give a paper publication in local news   paper ( In India)  for notifying cancellation of GPA.

SAINATH DEVALLA (LEGAL CONSULTANT)     23 June 2012

I endorse the views of  Mr.Gopikrishna Kalyanam and Mr.Ajit Singh Cheema .That's the procedure


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