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Sumit (Manager )     14 July 2009

How to cancel a NOTARISED POWER OF ATTORNEY

I am in the process of buying a property which is registerd under the current owners ( hence the sellers ) through a notarised POA. What I mean is that at the time of registartion the owners were not present at the Registry office & the POA holder signed on theie behalf.

The POA  / copy of POA is not traceable with the owner but the POA agent is traceable & willing to sign any document for this revocation of POA. I am a resident of Bangalore ( Karnataka ). What steps should I take for revocation of this notarised POA.



 5 Replies

A V Vishal (Advocate)     14 July 2009

A revocation of the GPA should be drafted and the public notice of the revocation should be give in any two largely circulated newspapers in the area where the Principal resides.

1 Like

Sumit (Manager )     14 July 2009

Thanks Vishal for your prompt reply. Another advocate known to me told me that since the Agent is traceable & willing to sign any document to relinquish her authority, conferred on her by virtue of the POA, I can make a Deed for Revocation for this POA & also take an affidavit from her wherein she accepts / relinquishes her authority.

Also what should I do to ensure that no illegal steps have been taken concerning this property based on this POA in the past prior to revocation of this POA.

Regards

 

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     15 July 2009

As it is only notarized POA and when the agent too is traceable you can get back the original POA from him.  Cancel the POA.  You intimate to him about the cancellation in writing and get acknowledgement from him.  Notfiy the same in newspaper.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     15 July 2009

You get in writing from the POA to the effect that he had not entered into any unregistered sale agreement in respect the property nor had he made any unregistered encumbrance in respect of the said property.  Apply for EC and check the same too.

1 Like

Sumit (Manager )     16 July 2009

Thanks a lot Piravi.

I will give you the exact situation :-

1. I am living in the house which is under discussion for the past 14 months & have been paying rent to the owner though I have no rent receipt. Rent agreement is there & bank account of myself & the owner can prove the rent transer.

2. Although the POA agent is traceable but neither the POA agent nor the POA giver has a copy of the POA.

3. The said property was bought by the owner on loan from Citibank & has been since cleared of loan; but in the loan documents returned by Citibank also there is no copy of the POA. God knows how Citibank gave the loan without a copy of the POA ?

Under the above circumstances, I would be highly obliged & indebted to you if you could give a step by step process to be followed; like on what amount stamp paper should I revoke the POA, what should be the draft of the POA, should I get it notarised / registered, is it mandatory to give newspaper advertisement for the revocation of the POA, etc etc

KIndly give a detailed step by step advise & oblige.

Regards


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