After giving POA to a third party you have sold the property directly to buyer. It the POA is not for consideration, that is after receiving some money against execution of POA. There is no need to cancel the POA. More ever the original POA is with you. no legal issues will arise.
PoA given, registered sale deed by my own.
Hi Team, I have given PoA on my plot to my relative. Later i got a buyer, sold the property and registered sale deed by my own (without using PoA). Now, i am not the owner of this property. Do i need to still cancel the previously given PoA to my relative ? or Is it fine to keep the original PoA with myself. Please suggest.
Asked 4 years ago in Property Law
Religion: Hindu
13 Answers
1)you should cancel POA given to relative
2) issue public notice about revocation of POA
the POA was a registered document. you should cancel the POA through a cancellation deed to avoid any future disputes/problems.
Hi, You have already sold the property. But for the safer side you can cancel the General Power of Attorney.
1. if the original POA is with you, then that means you have essentially revoked that POA
2. even otherwise the POA has become infructuous since the purpose for which it was given to the relative, is already fulfilled by the sale of the property
If this POA deed was executed in his favor for this purpose alone specifically then it would be better that you issue a notice intimating the cancellation of the power of attorney deed given in his favor and follow the legal procedures in this regard.
Do not take any risk to keep the POA deed without cancelling it because it may come out with one or the other issue at a later stage which cannot be foreseen at this stage.
What will be the cost of registering cancellation of PoA deed ? Do both property owner (PoA giver) and PoA holder need to present in registrar office to cancel the PoA ?
Asked 4 years ago
Whatever stamp duty paid at the time of registration of POA deed has to be paid once again for cancellation of the said deed.
Both the principal and the agent are to be physically present before the concerned registrar for execution of registered cancellation deed.
It's better to cancel the same if you smell foul play in future. Yes. You need to register the cancellation deed.
If registered POA was issued both parties need to be present for cancellation of registered POA
- If the said POA was given to him for the specific for selling the property , then after selling the property by the principal /owner , this POA having no value in the eye of law.
- However, you can send him a legal notice and inform him that the said POA given has already cancelled by you.
both of them need not be present. the POA should be canceled as it was made. same procedure.
Dear Client,
You may file a revocation of Power of Attorney since it has already been registered.
The cost of registering such revocation of Power of Attorney varies from state to state and lawyer to lawyer.
The property owner has to be present in the Registrar's office along with the Power of Attorney holder.
Thank you.
For cancellation of the Power of Attorney both the parties must be present before the Sub-Registrar.