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Owner wants to cancel the POA given to me. What can be done now?


15-Oct-2023 (In Documentation Law)

I have registered a Genral Power Attorney in which in between the word irrevocable is also mentioned. However now the owners of the agricultural land who gave me the power of attorney has given a notice regarding cancellation of GPA. My GPA is registered before the sub registrar way back in 2009. Please guide me how i can I safeguard my interests in this particular situation other then selling the land on the basis of this GPA?

Answers (1)

Answer #1
373 votes

Once irrevocable power of attorney has been executed by  owner in  your favour  for valuable consideration power of attorney cannot be cancelled.

However he effect of Order of Hon’ble Supreme Court of India in its recently delivered judgment titled “Suraj Lamps & Industries Pvt Ltd. v. State of Haryana and another (Special Leave Petition (C) No.13917 of 2009-Decided on 11-10-2011) Ans. Hon’ble Supreme Court of India has declared that there cannot be transfer of title by GPA/SA/WILLs transactions. Only registered sale deed /conveyance is a valid mode of transfer of title in immovable property.

Based on this only, a circular has been issued by the Inspector General of Registration, Delhi.

If your property is not in delhi, so we suggest that you defend the case .

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