After revoking POA , one of you people have to withdraw the case or ask POA holder to do it for you. Case will not get dismissed when you revoke the POA.
Hire a Legal Representative , he or she will guide you for transferring the case .
Does case get dismissed when POA is revoked
In 2012, my elder brother , elder sister and I have combinedly filed property case on a person. This property belonged to grandfather and the person put xerox signature on sale deed and for registration of property. My elder sister and I were in US, so to file case we have given POA to my elder brother to file the case on our behalf. Now my elder brother is also in US and hence we are unable to attend court so have found a trustworthy person for POA. My current lawyer is a cheat, and he told us that to give POA to another person, I need to revoke POA given to my elder brother 10 years ago. As soon as I revoke the POA, the case will be dismissed. Is that a true statement? What would be steps to transfer case to new lawyer with the help of a new POA.
Asked 4 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
8 Answers
You are at liberty to revoke POA given to your brother and execute fresh POA in favour of third party
please note that you cannot give POA to your lawyer as he would also be appearing on your behalf in the court case
Hi
A power of attorney holder is only a representative and it is permitted that you can substitute your power of attorney holder vide Order 3 rule 2 CPC.
Please obtain leave (permission) from court and change the power of attorney holder.
Once permission is sanctioned, then you need to amend your plaint (to substitute your power of attorney holder).
The only condition in POA cases is that parties having personal knowledge should depose before the court and hopefully either you or POA holder has personal knowledge of the case.
Hope this information is useful.
Yes if you have already given a poa for same thing it needs to be cancelled or revoked first
- No, if the POA is revoked then the case will be dismissed is wrong , and as per rule a new OA holder can continue the case filed by the earlier POA holder .
- Hence, you can execute another person as POA holder to carry the said case legally .
- Further, you can engage a new lawyer after informing the court through the POA holder , and you have your legal right to change the lawyer legally.
First, please engage a trustworthy lawyer. Ask him to file a petition for change of the power agent stating the necessity. Once the court grants leave, revoke the existing PoA in favour of your elder brother and issue a fresh one to someone else.
Dear Client,
You don't need to revoke the earlier POA you can just give the POA to another person citing your circumstances and condition. But be aware while getting it drafted and take the advice of a second lawyer.
With regard to the change of lawyer, you need to get a NOC from your present lawyer and appoint a new lawyer. The new lawyer I hope will take care of the rest.
Thank you
First of all if you suspect the integrity of you lawyer, better change the lawyer immediately.
You can inform him that you have terminated the vakalatnama given to him and request him to issue NOC to engage the services of a new lawyer replacing him, if he refuses, then you can file a memo before court stating that you have terminated the vakalatnama given to the previous lawyer and you may be permitted to continue the case through new lawyer.
The court will permit you to do so.
If you want to revoke the POA given to your brother, you can do so by issuing a notice to this effect and can appoint another person to act as your power agent to represent you before court during your absence.
