How to Cancel power of attorney

817 votes

Under the circumstances you've described, where a Power of Attorney was granted for your two-bedroom flat five years ago in exchange for ₹47 lakhs with the understanding of its eventual return, and the attorney is now refusing to accept the money back while demanding a property registry due to the increased market value, the immediate and critical legal recourse is the unequivocal revocation of the Power of Attorney. The process of revocation necessitates meticulous attention to detail to ensure its legal efficacy. Firstly, a formal Deed of Revocation must be meticulously drafted. This document should explicitly identify you as the Principal and the individual holding the Power of Attorney as the Attorney. It must contain precise details of the original Power of Attorney, including its execution date and registration number, if applicable. The operative clause within this deed must clearly and unequivocally state your intention to revoke all powers conferred upon the Attorney, specifying the effective date of this revocation. Crucially, the Deed of Revocation must be duly signed by you in the presence of at least two credible witnesses, who will also affix their signatures and provide their addresses. Following the drafting and signing, the next indispensable step is the notarization of the Deed of Revocation. Presenting the signed document before a Notary Public, who will verify your identity and witness your signature, lends significant legal weight to the revocation. Furthermore, if the original Power of Attorney was registered with the Sub-Registrar of Assurances, it is paramount to register the Deed of Revocation at the same office. This registration serves as a public record of the cancellation, providing constructive notice to all interested parties and significantly bolstering its legal standing. Beyond these formal legal steps, direct and documented communication with the Attorney is essential. A certified copy of the registered Deed of Revocation should be promptly dispatched to the Attorney via registered post with acknowledgment due, ensuring irrefutable proof of delivery. As an additional layer of protection and to provide widespread notice, it is highly advisable to publish a public notice of the revocation in a widely circulated local newspaper. This proactive measure safeguards against any potential actions the former attorney might attempt to take based on the now-revoked authority.

Advocate Salim Javed LawRato

921 votes

This is a very sensitive situation for now, but don't worry about it. wheather you prove a special power of attorney or a general power of attorney? whether the power of attorney holders can collect money from the purchaser on behalf of you or not. What are the clauses mentioned in your power of attorney deed. If there is no specific agreement or condition, then you have to cancel your power of attorney after consulting with an advocate.

Advocate Pijush Roy LawRato

928 votes

You can revoke the Power of Attorney (PoA) by executing a Revocation Deed and serving a legal notice to the holder. Register the revocation with the same sub-registrar where the PoA was registered. If the PoA is irrevocable and consideration is involved, the matter becomes complex—you must approach the civil court seeking cancellation based on fraud, misrepresentation, or breach of agreement. Additionally, lodge a police complaint if coercion or undue pressure is involved. Act promptly to avoid any unauthorized transfer of property. for further discussion kindly contact me.

Advocate Pallavi Saha LawRato

829 votes

you can cancel the power of attorney by giving him a notice of cancellation and if the POA is registered then you can register a cancellation of power of attorney. it is advisable that get the notice drafted by any Advocate of your choice and also file a suit against that person and get an order of Injunction against him

Advocate Ritam Banerjee LawRato