• Cancelation of POA

My late father had purchased a land in my name in Chennai in year 1975. For developing yhe land into apartment complex, a POA was given to a developer by me in year 2001, as I was in Noida, U.P on job posting. The POA was notarised and registered in Noida. Now I am retired and settled in Bangalore. The property is developed fully in Chennai. I need yo cancel the POA. What should be the procedure / process for cancelation of the POA? Should it be cancelled from Noida only or can I do it ftom Bangalore? Please help.
Asked 7 years ago in Property Law
Religion: Hindu

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11 Answers

Dear Client,

Is it registered or notorised ? If just notory than it can be revoked by mere issuing cancellation notice to builder. You can send legal notice of cancellation from any where.

Was it with consideration or without consideration ?

With consideration and registered than it can be cancelled bilaterally through registered revocation deed.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Sir 

You can cancel it from Bengaluru. Get issue a paper publication and legal notice. if they are willing take their signatures on Rs.200 e-stamp paper that it's duly cancelled.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

the ideal way to cancel a Power of Attorney is by creating another legal document called the Revocation of Power of Attorney. This document is a legal notice indicating that whatever powers were bestowed on a previously appointed Attorney stands cancelled. It is essentially a written confirmation that the Grantor has revoked all powers issued through a POA issued previously. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can write a letter to the builder informing him about revocation of the POA and not to use it any further 

 

You can also issue a public notice in local newspapers circulating in Chennai where the property is located, informing public not to deal with the builder on basis of the POA which has been revoked by you by your above letter

 

If builder is co-operative then you can execute a cancellation deed for cancellation and revocation of POA and register the same in Noida registry 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. If the purpose for which the POA was  executed and the purpose is accomplished, then the POA loses its legal validity.

2. In the present case, as per your narration, the property is fully developed based on your POA. When once the purpose of POA has been achieved, it's no longer valid.

3.  However, you can cancel the POA by publishing the same as Public Notice in a leading newspaper in local language of the area, as well as in English newspaper. Before doing this, you inform the developer of your decision. The entire procedure can be done from any place and not necessarily that it has to be done only in Noida.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

  1. As per the information mentioned in the present query, makes it clear that the POA was made for the purposes to certain right at that time.
  2. And when that rights have been complied/used then it stands over at that instance only.
  3. POA is that document which gives certain right to an individual or group of people, and when that purposes are fulfilled then it is of no use further.
  4. But, still if you wish to cancel it then, Power of Attorney (POA) or a letter of Attorney is a legal document which is used by a Grantor/ Principal (the person who creates the POA) to bestow special powers to an Attorney, enabling the Attorney to act on behalf of the Grantor in specific situations. It is a very powerful document and can give the Attorney powers to conduct legal, financial or real estate transactions on behalf of the Grantor. But it is also important to know how to put an end to the power transferred to an agent, that is, how to terminate the Power of Attorney.
  5. POA documents mention a duration clause. In most cases POAs are drafted for a specific transaction which the Grantor is indisposed to conduct himself. In such scenarios, the Attorney’s powers end when the transaction comes to an end. However, there are three other cases which could lead to a termination/cancellation of the Power of Attorney document. They are-

    • Death of the Principal/Grantor (valid unless the Power of Attorney was of a Durable nature)
    • Issual of a Revocation of Power of Attorney document
    • Act for which the POA was created has come to an end. Eg property sale, financial transactions etc

    Top Reasons Behind Termination/Cancellation Of Power Of Attorney

    The reasons could be many, ranging from personal choice to plain betrayal. However, some of the common reasons which call for a POA cancellation are as follows-

    • The POA is no longer necessary. If it was drafted to carry out a specific transactions like property sale or purchase, the POA becomes unnecessary once the transaction is over.
    • The Principal has lost trust in the Attorney. If for some reason, the Grantor feels that the appointed Attorney is no longer trustworthy, then he/she can cancel the POA immediately. In fact, it is recommended that he/she does so.
    • The Grantor has found a more suitable candidate to act on his/her behalf. In such a scenario, the POA issued to the former candidate can be cancelled and a fresh POA shall be issued to the new candidate.
    • The appointed Attorney could be indisposed and no longer available to perform his duties.

    Cancelling The Power Of Attorney

    Like we stated before, unless what you have issued is a Durable Power of Attorney, death or mental incompetence of the Grantor would lead to immediate cancellation of the POA. In case a Durable POA was issued, the Attorney will continue to retain his powers unless another document is issued stating otherwise.

    However, the ideal way to cancel a Power of Attorney is by creating another legal document called the Revocation of Power of Attorney. This document is a legal notice indicating that whatever powers were bestowed on a previously appointed Attorney stands cancelled. It is essentially a written confirmation that the Grantor has revoked all powers issued through a POA issued previously.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

 1)if POA was registered in Noida cancellation of POA should be registered in Noida only 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

You have to give a notice to the agent for cancellation of POA and when the notice is received make a newspaper for cancellation of same. 

You can send the notice to Banglore and can publish in newspaper at both places.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi

Procedure to Revoke Power of Attorney

  1. This can be done by firstly issuing a notice in a local daily newspaper or even a national daily. (since power of attorney was registered at Noida and property is situated at Chennai).
  2. The donor of the power of attorney will have to get a registered cancellation deed (registered at the office of the respective sub-registrar) which in your case is NOIDA.
  3. After that, the principal has to give the holder of the power of attorney the copy of the registered cancellation deed, informing him or her of the cancellation

Hope this information is  useful. 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

The registered POA can be cancelled by jointly executing a registered cancellation deed by both you and the developer before the NOIDA registrar's office.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

1. Was it a irrevocable POA registered in favour of the developer by taking consideration?

 

2. If  yes, then it can not be cancelled.

 

3. If no, then it can be cancelled for which you shall have to  send him a registered letter informing him that you have hereby cancelling the said POA.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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