625+ Lawyers are online 
What is the procedure to revoke the power of attorney
20-Sep-2023 (In Property Law)
My father has land on his name and has given power of attorney to his brother. He is suffering from Alzheimer's these days.I want to revoke this attorney and sell this land. Please help.
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 the person 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.
2) you should intimate the person 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.
Helpful?
22+
22+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
