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aditya desai (firm)     30 October 2015

Irrevocable power of attorney

Dear sir i  like to know can Irrivocable power of attorney can get cancelled under cheating and fraud case?
If yes then under which section act ?



Learning

 5 Replies

bhagwat patil (Property due diligence 9422773303)     30 October 2015

 
                         S. 202 of the Contract Act lays down the rule that an authority coupled with interest is irrevocable. S. 202 of the Contract Act states that "where the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest."Where the authority of an agent is given by deed, or for valuable consideration, for the purpose of effectuating any security, or of protecting or securing any interest of the agent, it is irrevocable during the subsistence of such security or interest.To make the authority irrevocable, the agent must have an interest in the property which forms the subject matter of the agency. Where the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot, in the absence of any express contract, be terminated to the prejudice of such interest.The mere fact that a power is declared in the instrument granting it to be irrevocable, does not make it irrevocable

aditya desai (firm)     30 October 2015

So sir what should I do to get rid of the irrevocable power of attorney? As our builder cheat and fraud us by not giving sale agreement money and make a irrevocable power of attorney.

aditya desai (firm)     30 October 2015

He also not construct building on that property more than 15 years.

Vineet Sharma   30 October 2015

Mr. Mantari,

If the said POA is a registered POA the same can be cancelled through Sub-Registrar's Office and after such cancellation you may ge the same published in newspaper i.e. you have cancelled the POA and you do no have any relation with the formaer POA holder. 

 

Regards,

Adv. Vineet Sharma

+91-9269535590 

aditya desai (firm)     30 October 2015

Dear vineet sir, Can I cancel irrevocable power of attorney also? But in section 202 is mention that after person death also its valid? And if I want to get cancel the irrivocable power of attorney then first I should inform to court or directly get cancel? And under which section I can cancel this in irrevocable power of attorney?
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