Hello,
If it is registered then it can easily be revoked.
Get in touch with the registration office where it took place .
Regards
Revocation of general power of attorney
Hello , I would like to know a couple of things in relation to registered power of attorney. My father , who is the owner of the property had given my uncle Power of attorney around 15-20 years ago when he was based abroad and would like to revoke it now. Is this possible without the original Power or attorney ? 1) My uncle who was gifted a portion of the property long back around had already transferred the property back in to my dads name after a mutual agreement. 2) My Dad is unaware of the exact type of power of attorney he had signed up for. 2) My uncle is not providing the original Power of attorney and he is adamant that he doesn’t have it with him . Could you please advise how would we be able to revoke the power of attorney and would my uncle still have any residual powers remaining with him provided that he had transferred the ownership of about 5 percent back to my Father ? Please advise how we should proceed now . I am based abroad but my brother would be able to meet up with you and discuss in detail regarding this .
Asked 7 years ago in Property Law
Religion: Muslim
15 Answers
The laws governing contracts and power of attorney in India are not self-explanatory when it comes to revoking power of attorney. Hence, it is up to the courts to decide upon the same.
There are a few case laws and landmark judgments guiding the judges about how to go about it.
By the Acts of the Principal
The principal can terminate a principal-agent relationship or a power of attorney if –
He revokes by his authority.
The business of the agency is complete.
Either the principal or agent has become of unsound mind.
Either the principal or agent has become insolvent.
When the Agent has Interest in the Agency
As mentioned before, the Indian Contract Act also governs power of attorney in India. Section 202 of the Act states that if the agent in a principal-agent relationship has an interest in the agency then, the power of attorney cannot be revoked without the consent of the agent.
This has been illustrated in the case of Loon Karan v Iva John –
The appellant owed the bank (defendant) an amount of money which he could not repay so, the appellant had given a general power of attorney to the bank to conduct business in the name of the appellant so as to clear his debt. The appellant felt that the bank was not following up on the contract as the required money did not reach the appellant. The court held that as per Section 202 of the Indian Contract Act since the agent also had interest in the contract, it could not be solely revoked by the principal. It requires the consent of the agent too.
In Case of Breach of Contract
In the case of Govindkoss Krishna Koss v Gopesjhwar lalaji Maharaj, the court established that – “a power of attorney though irrevocably granted shall be revocable on strong proof of gross mismanagement on the part of the said attorney”.
This also implies if the appointed attorney (or agent) has somehow broken the terms of the contract between the principal and agent then, the principal can revoke the power of attorney.
Another such instance of the agent overreaching and making decisions beyond the scope of his or her power of attorney as conferred by the principal is found in the case of Kartar Singh (Dead) through Lrs. vs Jaswant Singh (Dead) Through Lrs.
As mentioned earlier, in the case of Svenska Handelsbanken vs Indian Charge Chrome Ltd., the defendant had made decisions which involved the powers of a general power of attorney, although the agent was only conferred with the powers of a specific one. In the case of Kartar Singh (Dead) Through Lrs. vs Jaswant Singh (Dead) Through Lrs., the agent had acted even beyond the scope of a general power of attorney.
Many such cases are available to substantiate this point. All point to one simple conclusion – breach of contract is a valid reason to revoke an irrevocable power of attorney.
Procedure to Revoke Power of Attorney
This can be done by firstly issuing a notice in a local daily newspaper or even a national daily.
The donor of the power of attorney will have to get a registered cancellation deed (registered from the office of the respective sub-registrar).
After that, the principal has to give the holder of the power of attorney the registered cancellation deed, informing him or her of the cancellation.
This can be done by firstly issuing a notice in a local daily newspaper or even a national daily.
The donor of the power of attorney will have to get a registered cancellation deed (registered from the office of the respective sub-registrar).
After that, the principal has to give the holder of the power of attorney the registered cancellation deed, informing him of the cancellation.
hello
your father must have registered the PoA. a copy of it would be in the registrar's office. obtain a copy from there.
In an express revocation of Power of Attorney, whoever, whether the principal or the agent requires to end the Power of Attorney, must give reasonable notice to the other party before the revocation. Upon failure to do so, all the costs of damages caused on account of such failure, incurred by the other party to whom such notice was owed, shall be made good by the party who failed to fulfil his obligation to give such notice. Reasonability of the notice differs from case to case, depending upon the clauses of the deed.
An implied revocation does not require a prior notice.
A Power of Attorney may be registered or unregistered. The procedure for revocation of both of them are different, as discussed below:
A registered Power of Attorney can only be revoked by means of a registered deed.
An unregistered Power of Attorney can only be revoked by an unregistered instrument of revocation. Apart from that, it is required to issue a public notice regarding such revocation through local newspapers, without which, the revocation shall stand void.
regards
You can get the certified copy of POA from concerned sub registrar office. After receiving it you can revoke the POA.
1) public notice has to be issued about revocation of POA
2) notice has to be issued to your uncle that POA stands revoked
3) deed of revocation of POA has to be registered
4) once POA is revoked uncle cannot act on your father behalf
1. Serve a cancellation notice to your uncle, the details of the POA need to be mentioned(if not then in notice it can be mentioned that any POA given before today date stand cancelled.)
2. Further publish this also in 2 leading newspapers in the area.
3. No if revoked no residual powers..
1. What was the power conferred through the said POA? Was it made irrevocable? You have also not mentioned whether any interest is created in the subject Property to Y by the POA. If yes, then the POA cannot be cancelled, if no then the POA can be cancelled.
2. The POA can always be cancelled through a registered deed of cancellation to be registered in the office of jurisdictional sub-registrar. Immediately a notice to this effect should be sent to the power-holder. Publication in local daily newspaper is helpful in letting the people know regarding revocation of the power.
1. If the original copy of POA is not available then also the POA once given can be revoked.
2. So make a deed of revocation stating the cancellation of power which was given to your uncle before.
3. No specific date of number of the POA sought to be revoked by this revocation is to be mentioned.
4. Th deed of revocation executed in abroad and notarised there is also valid once it is sent to India and adjudicated in India.
In an express revocation of Power of Attorney, whoever, whether the principal or the agent requires to end the Power of Attorney, must give reasonable notice to the other party before the revocation.
A registered Power of Attorney can only be revoked by means of a registered deed. Copy of the registered power of attorney can be obtained from the registrar office where it was registered by paying requisite fee.
1. The property at present stands in the name of your father.
2. If he has registered the POA before the Registrar he must be aware where has he registered the said POA.
3. He should now register a Note of cancellation of the said POA he had registered before to be most careful in stopping the misuse of the said POA by your Uncle.
4. He should send a notice to your uncle by Speed post cancelling the said registered POA executed in his favour and also publish the said notice in two local Newspapers, one being in vernacular.
5.Your Uncle has the POA only and not the ownership of the property in question. So, he can deal with the property for which he has been give power to deal with by your father.
1. If the POA deed is registered then the revocation can be done only by a registered cancellation deed.
For that your father has to issue a notice to your uncle intimating his decision to cancel the POA and in the same communication he may instruct him to join him in the sub-registrar's office to execute the cancellation deed jointly.
2. Your father can issue a public notice to this effect stating the power of attorney deed executed on his brother's name on so and so date in respect of the property stated in the schedule is revoked or cancelled immediately hence the public are warned to not to enter into any transaction in respect of the schedule mentioned property and if they still go ahead, then they will be doing so at their own risk and consequences and the same is not binding ion your father.
3. Your father can even intimate the sub-registrar through notice to not to permit him to encumber in any manner by any transaction in the property from immediate forthwith in the capacity of POA since the same has been revoked by your father.
Revocable Power of Attorney
Generally, the principal has the right to terminate the Power of Attorney whenever he wills to do so. Some of the conditions for revocation are ( by virtue of Section 201 of the Indian Contract Act, 1872):
If the principal revokes the Power of Attorney granted to the agent.
If either the principal or the Power of Attorney holder or both become unsound of mind, die or is/are adjudicated as insolvent by the court.
If the Power of Attorney holder renounces his powers.
If the business for which the Power of Attorney was granted gets completed.
Power of Attorney may also be revoked if there is an implied revocation of the Power of Attorney or in case of time barred agency, the term of the Power of Attorney expires.
Misuse of Power of Attorney by the Agent
It is possible that the agent to whom power of attorney is given, uses such authorization to commit fraud or misrepresentation. If such fraud or misrepresentation falls within the limits of the authority provided to him, the principal shall be held liable, however, if it falls outside the limits of the authority granted by the Power of Attorney, he shall be held solely liable for such fraud/misrepresentation. The principal is not liable for any act by the agent which exceeds the authority granted to him.[4]
Therefore, a principal since cannot be held to liable for fraud/misrepresentation by the agent if it is outside the limits of the authority provided by the Power of Attorney, he may not need to revoke it.
The Power of Attorney may be revoked if it is revocable upon such misconduct by the agent.
In case where the agency is irrevocable owing to the interest of the agent in the subject matter, and he commits an act unfavorable to you, there needs to be a separate agreement/contract between the principal and the agent as per Section 202 of the Indian Contract Act regarding termination of agency upon commission or continuation of such act to enable the principal to terminate such agency, otherwise, the Power of Attorney remains irrevocable.
However, if the acts done by the agent are not in good faith and are not lawful, the principal is not liable to indemnify him. In fact, if the acts of the agent are criminal, and the principal has agreed to indemnify him, such indemnification is not valid.[5] It is advisable to issue a public notice warning the misuse of the POA by the agent to commit unlawful acts in at least two local newspapers, and to approach the court of law to terminate the agency, even if it happens to be irrevocable.
1. Publish a local newspaper declaration, by Father, thru an advocate, declaring that ALL power of attorney given to uncle or anybody stands revoked from so & so date.
2. Serve proper Legal Notice to uncle, that ANY Power of Attorney given to him, at any time, now stands revoked from so & so date AND that he is restrained to act as POA, in any manner whatsoever.
3. Annexing the above documents, file Caveat with the relevant Transferring authority, informing them that HENCEFORTH no documentations /Transfers may be conducted by their office based on any POA issued earlier.
Keep Smiling .... Hemant Agarwal
1. address a letter to uncle informing him that power of attorney given to him by your father is revoked and requiring him not to act on that power of attorney henceforth
2. also issue a public notice in 2 newspapers informing the public that power of attorney granted by your father to uncle has been revoked by your above letter
