• Power of attorney cancellation process

Hello,

I gave a power of attorney to my father to look after my properties and got it registered in the year 2010 before leaving the country. 

I came to india last week and decided to re woke power of attorney given to my father and asked him to provide the POA original. He says that the POA original is given to another person for security purpose. When i called up that guy for getting my POA he is reluctant to give it back. 

Now i cannot cancel the POA without Original copy and sub registar is  very strict about it.  What should be the right way to cancel the POA as soon as possible.
Asked 11 months ago in Property Law from Guntur, Andhra Pradesh
Religion: Hindu
Tn apply for certified copy of the original POA.
I am not sure why the registrar is asking for the original as for revocation purpose the original POA is not required.
If the registrar refuses to register the POA in absence of the original then file a writ petition in high court.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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Since you do not have the original POA with you the remedy of filing a suit for injunction against your father and third party who is in possession of POA to restrain them from alienating the property and also declaration of ownership can be availed.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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1) deed of cancellation of POA has to be executed by you and duly registered.  in case the power of attorney is registered deed then you have to cancel it through a deed of cancellation/revocation & that too has to be registered.

2) you should intimate your father about revocation of power of attorney granted to him 

3) also issue public notice about revocation of power of attorney

4) Rule 58 of registration act prohibits the registering officers from enquiring into validity of the document, Rule 26 read with Rule 58 reveals that it is always permissible for the registering officer to examine the document presented for registration as to whether the person who presented the document is entitled to present, whether such person is known to the officer or has been properly identified by the identifying witnesses, and also examine the document with reference to the various provisions referred to hereinabove. If any objection is raised, the registering officer has to consider whether the parties appearing before him are not the parties they profess to be, whether the document is forged and whether the document is presented without proper authority by representative, and whether the executing party is dead or not. In case, the registering officer is not satisfied, he can refuse registration

5)  Under Section 71 of the Registration Act, the registering officer has to record his reasons for such refusal in book No. 2 and endorse the words "registration refused" on the document and when asked for, to furnish the reasons to the person executing or claiming the document. The reasons for refusal could be many and many more as seen from Chapter XXIV of the Rules. When the registration is refused, the person aggrieved has to prefer an appeal to the Registrar (Section 72) and if the appeal is also rejected, the remedy to an aggrieved person is to file a suit under Section 77 of the Registration Act for a decree directing the document to be registered by the registering officer.
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hi, you can file a police complaint for lost of the General Power of Attorney.

2, Based on the Complaint you can get the certified copy of the General Power of Attorney and cancel the  General power of Attorney.

3. Before cancelling the GPA, first you have to issue a legal notice to your father for cancellation of GPA.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Collect certified copy of the said POA,

2. Let your father lodge a police complaint stating that the original of the said POA has been lost/misplaced,

3. Write a letter to your father that you are cancelling the POA executed in his favour and publish the gist of the letter and also police complaint in two local Newspapers one being in English and other in Vernacular,

4. With the above document, approach the registrar who will register the cancellation of the POA. ,  
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
If the POA was a registered document go for cancellation/revocation by a registered document. Send a proper notice to the  POA to your father and the holder. In addition get the notice published in newspapers having local circulation. 
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
Hello,
1) All you have to do is to get a Revocation of POA  prepared and send it along with a letter notifying your cancelling the POA to your father and and the person to whom the POA has been given.

2) You may send a legal notice along with the copy of the Revocation of PoA to the concerned parties and make publication of the POA in the local dailies.

3) You don't need to to have the Revocation of POA registered. However if you choose to register it you may submit the same along with the letter/legalnotice and the news paper publication to the Sub Registrar and he cannot refuse to register. If he still does so demand in writing the reason to do so.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
If the deed is registered, it should be revoked by a registered deed of revocation/cancellation. 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.Irrevocable power of Attorney can not be revoked unless and untill conditions expressed therein got satisfied.
Ajay N S
Advocate, Ernakulam
1917 Answers
19 Consultations
5.0 on 5.0
First of all issue a legal notice to your father stating that you are cancelling the POA deed executed in his favor, with immediate forthwith and that any transaction done by him on the basis of this POA shall not be valid and not binding on you.  You may ask him to produce the original POA and attend the registrar office on a specified date and time mentioned in the notice and may inform him that on failing to appear before registrar on the time stipulated or failing to produce the original POA deed, you shall proceed with the cancellation of the same unilaterally.   A copy of this notice shall be served on the Sub registrar office too by registered post with ack due.
This notice will be sufficient to cancel POA deed even inits absence.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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If POA is registered , you may file an FIR that it is lost and get duplicate copy from the office of registrar. Registrar is bound to give duplicate copy of registered document. There after you can revoke it by filing application before registrar in this regard. 

or file civil suit for discovery of document from the person who is likely get possession. But it takes more time so prefer above procedure. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
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