• Revocation of GPA with schedule mentioning property

I need to revoke a PoA issued to my father and registered at Central Chennai. It mentions a property in South Chennai in its schedule. Only the copy and a certified copy taken from sub registrar office of PoA are with me. I can not get back original from him nor can bring him to sign cancellation. Property documents are with me. There is no irrevocable clause or interest of the agent in the PoA. Agent given authority to manage my housing property, while I was outside.
Sub registrar office at Central Chennai is deferring the registration of cancellation. I am asked to come again next week. 

What are my rightful arguments with Sub Registrar to this revocation at their office?
Does the recent Supreme Court judgement on not asking for Agent consent or prior intimation to Agent for revocation apply? 
Are there any internal process checks at sub registrar office towards this? Or is it authority and desire of the officer to seek any approach?
Asked 2 months ago in Property Law
Religion: Hindu

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10 Answers

  1. issuing a public notice in a local daily newspaper of revocation 
  2. The donor of the power of attorney will have to get a registered cancellation deed (registered from the office of the respective sub-registrar).
  3. 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.

4) consent of agent is not necessary for revocation of POA 

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

1. Revocation of POA can be registered in the jurisdictional Sub Registrar's Office.

2.  Publish a Public Notice in the English and vernacular language newspapers informing that you have revoked the POA given to your father and no one should deal with him in respect of the property in question.

3.  If the jurisdictional Sub Registrar's Officials are not co-operating in cancelling the POA, bring the same to the notice of the jurisdictional District Registrar's Office and to the Inspector General of Stamps, Tamilnadu, in this regard and request for their intervention to resolve the issue.

The place you had registered the POA earlier is the jurisdictional Sub Registrar's Office in Chennai.

Thank you.

Shashidhar S. Sastry
Advocate, Bangalore
4142 Answers
258 Consultations

5.0 on 5.0

Principle of law is that, “the terms of registered document can be altered, rescinded or varied only by subsequent registered document and not otherwise.” The presence of attorney is required for singing cancellation of GPA. I doubt if there is any judgement of SC to the contrary and if there is such judgement that will be a demolition of age-old principle of law.  

Principle of law is that, “the terms of registered document can be altered, rescinded or varied only by subsequent registered document and not otherwise.” The presence of attorney is required for singing cancellation of GPA. I doubt if there is any judgement of SC to the contrary and if there is such judgement that will be a demolition of age-old principle of law.  Registrar is bound by strict rules of procedure. Try your luck by submitting the cancellation deed for registration, let him reject it with reasons and rules. You can counter his reasoning if it is flawed.

Ravi Shinde
Advocate, Hyderabad
2490 Answers
41 Consultations

5.0 on 5.0

1. You should have the facts & legislation in place 

2. No internal checks but you need to bring the loopholes on record

Prashant Nayak
Advocate, Mumbai
26998 Answers
84 Consultations

4.4 on 5.0

The principal can revoke a PoA at any time without assigning any reason whatsoever. The registrar is dutybound to register the cancellation deed. If there is any delay, serve him/her with a legal notice stating that he/she shall be held responsible for any loss the principal may suffer on account of his/her deliberate inaction, if the power agent continues to act on the basis of the revoked PoA and makes transactions.

Swaminathan Neelakantan
Advocate, Coimbatore
1883 Answers
18 Consultations

4.9 on 5.0

The sub registrar's office may not accept the unilateral cancellation of the GPA, it may require the power agent to sign the cancellation deed or it can be executed jointly by both the principal and the power agent.

If you would like to cancel the same unilaterally then you first follow the process of law by issuing a notice under registered psot and get a newspaper publication stating that you have cancelled the POA deed executed in favor of the power agent, attach the copies of the newspaper and the legal notice along with your cancellation deed.

If the sub registrar is refusing to execute the cancellation deed, you may get it back with his reasons for refusing to do so and file a suit for mandatory injunction against the sub registrar directing him to execute cancellation deed on the basis of your legal notice to the power agent and his non cooperation or refusal to execute the cancellation deed jointly.

 

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

Dear Client,

Your arguments can be that there is gross mismanagement on part of the agent, the agent breaches the terms of the contract, or the agent acts beyond the scope of the powers.

Thank You

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

Issue revocation letter to the agent by registered post.

Give one local paper publication publication of the same.

POA will ceased to have any effect from the date of receipt the revocation letter by the agent.

 Registration of  revocation deed will only  act as documentary support. Non registrstion of the same does not have any effect on its revocation.

You may get direction from court for its registration if not done by the Registration office and you feel it should be registered.

Kallol Majumdar
Advocate, Kolkata
2815 Answers
12 Consultations

5.0 on 5.0

- Since, that GPA is executed by your father , then none having right to cancel same.

- If, he is unable to come to the registrar office for executing a registered cancellation deed , then a POA dully registered needed in your name . 

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

- you have to issue revocation letter to the agent (father) by registered post.


- you have to issue a public notice in a local daily newspaper of revocation of POA


- consent of agent is not necessary for revocation of POA

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

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