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Robo   31 January 2018

How to revoke general power of attorney?

Hello, I came to US for my higher studies in 2008. In order to get a student loan, I was asked to sign a general power of attorney giving my parents authority for everything. I signed it without knowing what it meant. My parents misused my signature and have taken money from the student loan and spent for personal expenses. They are also trying to use this power and sell the property which I'll inherit. The loan has not been paid. I'm insisting them to pay it off. I'm very concerned that they will further misuse my signature and land me in trouble. I immediately have to cancel the power of attorney give to them. I'm living outside of India. Please advice how to cancel it. Read more at: https://www.lawyersclubindia.com/


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 14 Replies

Vijay Raj Mahajan (Advocate)     01 February 2018

To revoke general power of attorney you either tell the person to whom you have given it along with the authorities where the person will be using it on your behalf, or issue a new genral power of attonery in favour of some one else revoking the previous one. The GPA given by you was duly registered with sub-registrar or simply notarized this too is not known. Its also not clear if for what all purposes GPA was given. The GPA which is duly registered with Sub-registrar can only be used for property transfer of the principal by the attorney. 

G.L.N. Prasad (Retired employee.)     01 February 2018

Unless the terms and conditions of deed are seen one can not conclude on assumptions.   Contact local advocate and first get that POA cancelled / withdrawn.  You may state that POA was given when you were abroad, and now that you have come back to India, you can handle the transactions yourselves.  I do not want to state any thing against parents' action and belileve that parents' have their own commitment and duties.  But, for their sacrifices you can not go abroad.  Most of the things you have expressed like student loan against POA  are not possible in practical as Banker has to ensure end use of such funds by making payment direct to educational institutions or such fees and obtain such receipts for their records.

Robo   01 February 2018

Thanks Vijay and Prasad sir for your response. I'm still living abroad and that's why I'm unable to contact a local advocate and I'm seeking your input. While, I wish I had parents who made sacrifices for their kids, this is not the reality in my case. I couldn't share the full details in the public forum. However, I patiently waited for a long time for them to take an action to pay the loan that they spent unnecessarily. They created their own bill and showed it to bank as the bill given by my college and have taken the money for spending. I was pretty shocked after learning how much money has been stolen from my loan without telling me. I already have two educations loans which I took and I'm paying them. They are trying to use this power to sell my grand parents property that I'll inherit. Anyway, coming to the point, GPA is so general that it can be applied for anything per my understanding. It says "As I'm out of India due to my higher studies, I have decided to execute this power of attorney, in respect of the properties belonging to me and to be acquired in my name in future". Essentially, to buy movable and immovable property, enter into any agreement for sale, to sell, to exchange etc, to institute, commence, prosecute.., to invest, to operate banking account, to sign cheques, to give lease on my property etc. I signed this in abroad and sent it back to India. I believe my parents had it registered. The original GPA is with the bank. How can I revoke this GPA from abroad (or) how do I transfer this GPA to my brother in India? Please advise.

 

Vijay Raj Mahajan (Advocate)     01 February 2018

You can prepare a new Power of Attorney in favour of your brother from abroad wherein you revoke the previous Power of Attorney. You need to specify all the acts you want your brother to do and not to do so that there may not be any misuse this time. This can be by proper drafting the new power of attorney from qualified experienced Indian lawyer rather the set pattern POA you get from websites. Next you can get the POA attested by the Indian Constellate General in the Country you are living and the same can be got authenticated/attested by your brother in India from the Sub-Registrar Office of the district where he lives and requires to be use.

You can also inform the Bank in India about your revocation of the previous POA, a duly written and signed intimation be sent to them so that they may not accept any transaction done by your parents on your behalf.

1 Like

G.L.N. Prasad (Retired employee.)     01 February 2018

Let your brother contact a local advocate for getting new POA stating immediate cancellation of earlier POA given in the name of.........and send it by fax for Registration.  Your brother will intimate the procedure for such registration and clause on cancellation. You can send intimation through notice  to your parent not to act on GPA. Remember, that the earlier actions of your parents till cancellation and such intimation to them on your GPA binds you.  A GPA can be cancelled at your will and pleasure.

(Original GPA  not be in custody of any others.  They have to verify it, get a certified copy and return original document back. If you are sure, issue notice to the Bank not to deliver original to any one without your prior consent and permission in writing)

1 Like

Kumar Doab (FIN)     01 February 2018

Inform the Bank and agent as in PoA about cancellation…..and maintain irrefutable written record…and POD.

Subsequent to courier send email also…………and keep good offices of Chairman/MD of the Bank in loop….and also agents as in PoA…

If the issue is so complicated then you may consider injunction/stay on disposal of ancestral property…

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 February 2018

Before you went to USA you were a student. As a student you would not have had much of an income of your own and you would not have accumulated much of any assets.  Generally when a person is given loan for studies, it would be on the premise that the person would pay back the loan from his future income.You wont need a power of attorney to another person to pay back from your own income. A parent will generally sign as surety for loan advanced to his son or daughter. It is not possible to sell  with a POA a property which you are yet to inherit. The property which you are going to inherit may be in the name of your father now. He would not need a POA to dispose it of now.  There is something fishy. I suspect that you are trying to be smart and not telling the whole truth. 

Robo   02 February 2018

Thank you Vijay Raj, Prasad and Kumar sir for your advice and maintaining professionalism without judging people. 

M.S.R.Murty ( Manager (Admn))     02 February 2018

Dear sirs,

GPO can be revoked at any time by the issuer. But  Mr/Mrs.Vijaya Kamat and Dr.Ramani 's remarks are laudable.

Kumar Doab (FIN)     02 February 2018

Are you sure said property whose disposal you are apprehending is ancestral?

If IT is not ancestral then parents can dispose IT without any need of any consent from children…

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters…for a considered opinion….

And may go thru mutation record with all link docs from the O/o authority under whose jurisdiction property falls say; MC and determine who was 1st owner and whether the property in the hands of 1st owner amongst forefathers was self acquired or ancestral and also on strength of which documents the ownership was effected for parents (Father and Mother) ………and there was NO defect in title………….and finally nature of property is ancestral ( Pushtaini) ………..

 

Kumar Doab (FIN)     02 February 2018

Ancestral Property; Relate with provisions of personal laws that applies in your case….

e.g; in case of Hindus

Property that is 4 generations old……………….or acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter…

Self acquired property may be ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

 

Obtain mutations records from O/o Authority with all link docs and show these to a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/succession/civil matters and having a successful track record for considered opinion on nature of property being Ancestral ( Pushtaini) or not.

1 Like

Kumar Doab (FIN)     08 February 2018

Your brother can check on and prepare list of such counsels…..

You can go thru DBA directory….

You can check with lawyers/law firms empanelled with banks….

If you wish you may also search in LCI databank…at;

https://www.lawyersclubindia.com/lawyers_search/

Kumar Doab (FIN)     08 February 2018

Originally posted by : Ramesh Singh
Querist is not well aware of location while posted query i.e. time w.r.t. IST & GMT, unfortunately I was online then.
Read honesty.
Next time type American English and not United Kingdom English if you are passed by the university of USA.

 

What is use or relevance of location, time wrt IST & GMT?

What isunfortunate?

What is relation of Unv. of USA, American or UK English to the query or resolution?

Kumar Doab (FIN)     08 February 2018

Originally posted by : Ramesh Singh
Sir, there is a nomenclature known as 'testcide', where the IST or GMT??????

Do you indeed understand what is being typed and posted by you in this  and all other threads?

Who is tutoring you?


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