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how to revoke power of attorney
10-May-2023 (In Wills / Trusts Law)
What are the steps I need to take to revok a power of attorney asap. I am currently living in Canada and am concerned that someone Igave power of aattorney may sell my land with out my consent. I do not want my land sold.
Regarding cancellation/revocation, it can be cancelled/revoked by mutual consent of both parties by making a revocation deed registered before the same sub-registrar where the power was registered.
If the agent does not agree then the executor of the power of attorney can cause an intimation to the agent expressing his/her interest to cancel the power of Attorney.
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. In case the power of attorney is not registered then it can be cancelled by a registered letter written on plan paper & sent to the person/authority for whom this POA deed was made along with a copy to the person in whose favor this was given.
Subsequently proper public notice can be given in two news papers (one shall be vernacular news paper) locally well circulated.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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Can GPA be reversed?
A person can bring a suit for declaration before a Civil Court in order to declare a GPA as illegal or null and void for various reasons, including fraud, misrepresentation or coercion.
What is the validity of GPA?
The General Power of Attorney (GPA), which is valid until the death of the principal or the attorney, can be revoked at any time. GPAs can be valid for a specific period, such as 1 year, 5 years, or until the transaction or legal task that was performed.
Can power of attorney be Cancelled?
PoAs can be revoked if the principal is still mentally sound. They are automatically cancelled if the principal dies. The principal must notify the agent of the revocation in writing, sign it in front of a notary, and then deliver the document to the agent. 07-Nov-2022
Regarding cancellation/revocation, it can be cancelled/revoked by mutual consent of both parties by making a revocation deed registered before the same sub-registrar where the power was registered.
If the agent does not agree then the executor of the power of attorney can cause an intimation to the agent expressing his/her interest to cancel the power of Attorney. 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. In case the power of attorney is not registered then it can be cancelled by a registered letter written on plan paper & sent to the person/authority for whom this POA deed was made along with a copy to the person in whose favor this was given.Subsequently proper public notice can be given in two news papers (one shall be vernacular news paper) locally well circulated.
If the agent does not agree then the executor of the power of attorney can cause an intimation to the agent expressing his/her interest to cancel the power of Attorney. 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. In case the power of attorney is not registered then it can be cancelled by a registered letter written on plan paper & sent to the person/authority for whom this POA deed was made along with a copy to the person in whose favor this was given.Subsequently proper public notice can be given in two news papers (one shall be vernacular news paper) locally well circulated.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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Sir, you need to revoke the power of attorney by registering a revocation deed. Then you need to file a title suit and get an injunction of status quo from the competent Court. Please call for more details.
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Adv. Abhishek Dutt
Kolkata | 100+ Answers
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Is the power of attorney revocable or irrevocable ?
If revocable then is it registered or unregistered ?
If registered you can cancel through registered cancellation deed. Put an insertion in two newspapers, one in english and one in the regional language of the area.
If unregistered, inform the Power of Attorney holder that you have cancelled the PoA and she should not use the PoA. Newspaper insertion in above mode is also recommended.
If revocable then is it registered or unregistered ?
If registered you can cancel through registered cancellation deed. Put an insertion in two newspapers, one in english and one in the regional language of the area.
If unregistered, inform the Power of Attorney holder that you have cancelled the PoA and she should not use the PoA. Newspaper insertion in above mode is also recommended.
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Adv. Dr. Saibal Chandra Pal
Kolkata | 100+ Answers
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Sir,
Have you given the said power of attorney by way of registering the same. If so then you need to register a revocation of Power deed and register the same. Now, after executing the same you also need to file an injunction and declaratory suit before the appropriate district judge, that may be Alipore for you.
Now coming to the question of cost of proceedings will depend upon the property which may be assessed accordingly. But be informed that if you retreat for cost saving you may incur more expense by creating more and more litigation. It is always better to act as soon as possible as delay will cause unnecessary litigation.
You may contact me by appointment if you wish more clarification and taking appropriate steps.
Have you given the said power of attorney by way of registering the same. If so then you need to register a revocation of Power deed and register the same. Now, after executing the same you also need to file an injunction and declaratory suit before the appropriate district judge, that may be Alipore for you.
Now coming to the question of cost of proceedings will depend upon the property which may be assessed accordingly. But be informed that if you retreat for cost saving you may incur more expense by creating more and more litigation. It is always better to act as soon as possible as delay will cause unnecessary litigation.
You may contact me by appointment if you wish more clarification and taking appropriate steps.
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Power of attorney in relation to immovable property needs to be registered.
Such power of attorney has to be registered where the property in question is situated.
To get a copy of POA you should have at least either of document number or date. On the basis of name of executant of POA it will be very long and expensive to find out the exact document.
You must be sure whether it is registered or not? For registration of any document both parties are required to present themselves in person before the registrar.
For revocation both parties presence and registration of revocation deed is required therefore revocation can not be done from UK.
Fresh POA can be given from UK through embassy which can be done through local attorney.
For all these things you need to hire an advocate.
Such power of attorney has to be registered where the property in question is situated.
To get a copy of POA you should have at least either of document number or date. On the basis of name of executant of POA it will be very long and expensive to find out the exact document.
You must be sure whether it is registered or not? For registration of any document both parties are required to present themselves in person before the registrar.
For revocation both parties presence and registration of revocation deed is required therefore revocation can not be done from UK.
Fresh POA can be given from UK through embassy which can be done through local attorney.
For all these things you need to hire an advocate.
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Adv. Vijay Kumar Teotia
Meerut | 200+ Answers
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If you want to revoke your older power of attorney then give the notice to all related person and sub registrar office also. If you want give power of attorney to your mother then you will have to go sub registrar office where you lived in India or where is property situated
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Adv. Shubham Mishra
Kanpur | 100+ Answers
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If the POA was for giving right to your FIL for sale of property then it was definitely registered since registration of such POA is compulsory. Further, it could have been registered in Delhi also depending on the address of your in-laws in Delhi. You cant get a copy of such POA sitting in UK. you have to give authority to someone for getting the certified copy of this document from the concerned Sub-Registrar Office in Delhi or Noida wherever the same was registered. The authorities may ask for date of execution of the document.
Please note that a registered document can be cancelled only by another registered document and through a new registered POA you can cancel the previous one and also appoint your mother as new POA holder. You can make a new POA in UK and after getting it notarised/apostled in UK with seal of Indian Embassy you can send the same to India and thereafter your mother will have to get the same registered with indian stamp authorities within 3 months of the document arriving in India. The better course would be to come to India and do all the necessary things.
Please note that a registered document can be cancelled only by another registered document and through a new registered POA you can cancel the previous one and also appoint your mother as new POA holder. You can make a new POA in UK and after getting it notarised/apostled in UK with seal of Indian Embassy you can send the same to India and thereafter your mother will have to get the same registered with indian stamp authorities within 3 months of the document arriving in India. The better course would be to come to India and do all the necessary things.
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Adv. Anurag Kalavatiya
Jaipur | 25+ Answers
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On the above-mentioned query don't worry for the POA in favour of your father in law. Revocation of POA is very easy and usual in process. And thereafter you execute a new registered POA in favour of your mother in the sub registrar. Registered POA is legal document and the POA is compulsorily registered. Unregistered documents are useless or illegal. Secondly registration of POA is in INDIA. NO MATTER WHERE i.e. Delhi, noida, ghaziabad or Lucknow. The next answer is you have to be filed a application for certified copy of the POA and inspection for the year 2009-2010.
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Adv. Ankit Gupta
Lucknow | 400+ Answers
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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.
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