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Shweta (Lawyer)     16 November 2009

Procedure for cancellation of Power of Attorney

Hi All

My client has given her power of attorney under force and pressure to her nephew. She resides in Bombay is 82 yr old. However the nephew has not registered the POA. She wants to get the POA canceled.

1) Pl let me know whether this POA is valid since it is not registered.

2) Pl tel me the procedure for cancelation of the POA.


Adv. Shweta Prabhu


 11 Replies

A V Vishal (Advocate)     16 November 2009

A POA can be cancelled only if no interest is created in it by the principal to the agent. In your case the client can file a complaint with the police that she was forced to sign it under coercion and not out of her free will & consent. A paper notification stating the facts and also informing about the cancellation of the POA should be published in two largely circulated newspapers one in the local language and another in english, cautioning the general public about the dispute. The law will from there takes it own course of action.

sanjeev gupta (Advocate)     16 November 2009

A POA can be cancelled by send a Regd. notice to the attorney and also published a Public notice in local and Standard new paper, if after that ur client  attorney used that power  which was recevied by the way of POA, that will be counted as null and void, because u have already given information to Attorney and also u have publish Public notice in this regards.

Shweta (Lawyer)     16 November 2009

Thank you so much. for a prompt reply.. But just wish to know whetehr sending a notice thru reg ad and placing it in the news papers is enough or do i need to go n get a cancellation deed registered with the registrar.

Shweta (Lawyer)     16 November 2009

Also please let me know whether the POA is valid in the first place sisnce it is not registered.

A V Vishal (Advocate)     16 November 2009


You have not stated the details of the POA in your query, if the POA is for sale of a property then it has to be registered without which it has no legal validity. Further, you have stated that the POA is unregistered, however in best interests you can approach the SRO where the disputed property is situate and ask him not to register the disputed property pending clearance in the matter.

Shweta (Lawyer)     16 November 2009

My client had sold the flat that she stayed with her two sons and divided the money equaly amonst the 3 of them. So her nephew seeing the big money decided to miguide her by saying tht her sons would take even her share, so 'u give the POA to me , n i wil take care of you n ur fund". He took her to his house got the POA done in his favour n now he has kicked her out of his house n hes not returning the POA. N we really do not know what else has been included in the POA since she is an illeterate. But we know for sure tht it has not been registered. In all liklihood there is no property issue involved in it since she has no property in her name. Pl Advice

Sanjeev Kuchhal (Publishers)     16 November 2009

Provisions of sections 32 and 35 of the Registration Act mandate that in case of sale of property registered power of attorney is a must.

Shweta (Lawyer)     16 November 2009

But this POA has nothing to do with property. POA is with regards only the money that has come as result of the sale of this property

Darshan Sharma (Lawyer-cum-detective)     16 November 2009

Sh, Sanjeev Guptya's approach is a correct measure. However, a letter under proper receipt must be submitted for record in the appropriate file of the property to the Registration Authority or other Property Record Office regarding the cancellation of the POA and it should be physically verified that the letter submitted has been filed along the record of the property.

nkrvetrivel (Lawyer)     18 November 2009

 A power of attorney should be registered, so it is not binding on your client , you may also publish in leading dailys  that POA is not binding on your client.


Srinath Kondapally (Advocate)     20 November 2009

the execution of POA is unilateral one, that too under force and coersion and unregd. one, and moreover the POA can be cancelled by issuing a regd.notice to such alleged attorney, and besides this for want of safeguard measures such executant can approach magistrate court by filing Pvt.complaint U/s. 200 of Cr.P.c., iif circumstances warrants, to protect his/her rights upon the respective property, Swetha, here u have not stated anything  with what regard the POA was executed ?

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