• Power of attorney

I have given a power of attorney to a person whom i knew few years back for looking after my land, but unfortunately that particular attorney was untraceable. Can i cancell the poa without his presence in the registration office. I ha e already served a legal notice at his address through speed post. Kindly suggest and help me
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

1) after issue of legal notice issue public notice of revocation of POA

2) is POA registered?

3) if so deed of cancellation of POA is required to be registered

4) you can cancel it without presence of holder of POA

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. Power of attorney if made without passing of any consideration or being devoid of any personal interest of the attorney, it can be cancelled by the maker of the poa at any point of time.

2. So your father should have no difficulties in revoking the poa now.

3. To revoke the poa the presence of the constituted attorney is not required.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1) A power of attorney may be revoked at any time by the principal by giving a written notice to the agent, unless it is for a particular fixed period

2) In case the Power of Attorney is unregistered, revocation of the same can be done only by an unregistered instrument of revocation, in which case the Principal can take back the Power of Attorney from the agent through an unregistered instrument of revocation.

3) the High Court of Patna in Union of India v. Motilal, AIR 1962 Patna 384, held at Paragraph No. 10 of the judgment that Section 208, Contract Act provides that the termination of the authority of an agent does not take effect so far as regards third persons before it becomes known to them.

4) The High Court of Madhya Pradesh in K.H.M.W.C.C.I. Society v. Radhelal, , held at Paragraph No. 12 as under:

"As regards the liability of the principal on the agreement of 16th October 1964, there is no manner of doubt that the contract of agency terminated with effect from 30th September 1964, but we are of the view that such termination would not affect the buyer. So far as third parties are concerned, the law is that the termination of a contract of agency takes effect only from the time the third party obtains knowledge of it. This is clear from Section 208 of the Contract Act. The principle is also now well settled that a third party is not affected unless he has knowledge of such termination (See Janardhan v. Gangaram, ILR (1951) Nag 90 = AIR 1951 Nag 313."

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

There's no section either that says revocation can't be done in absence of attorney.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1. Was the said POA executed in his favour registered?

2. If no, then you need not register its cancellation.

3. You have already sent him a legal notice which is perfectly alright.

4. Now publish the said notice in two local Newspapers, one being in vernacular, notifying the public in general about cancellation of the said POA by you.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Follow the steps suggested in my earlier post to withdraw/cancel the power you had given to your said POA holder.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Can i cancell the poa without his presence in the registration office. I ha e already served a legal notice at his address through speed post. Kindly suggest and help me

With the proof of having served the power agent a registered notice intimating him that you have cancelled the POA deed given in his favor, you can tender an application with the local registrar's office seeking to cancel the registered POA deed immediately.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Is there any act or section for cancelling of poa without the holder of the attorney

You can visit the law on power of attorney for knowing the provisions and procedure for cancelling the POA deed.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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