A power of attorney is a legal document whereby one person authorises another (Attorney) to act on his/her behalf. Once the Power of Attorney has been given to an Attorney for him/her to carry out general or specific tasks/responsibilities, there could arise situations wherein you may have to cancel the Power of Attorney. A written cancellation of such Power of Attorney is required to validly cancel it. This cancellation is called Revocation of Power of Attorney, or Cancellation of Power of Attorney.
A Revocation of Power of Attorney comes into play after a Power of Attorney has been given or made in favour of an Attorney. Due to certain circumstances that could arise for the Principal or the Attorney - so that the continuing of the granting of power to such Attorney is not feasible or is required to be stopped, a proper written revocation or cancellation of the PoA is necessary. Since a Power of Attorney Deed is made through proper stamp duty and registration process, and since if the PoA is in the hands of the Attorney, he/she would have a right to legally enjoy the powers granted under it, a simple oral cancellation is not enough. The Principal (individual making the PoA) must make a proper Revocation of Power of Attorney in writing.
Thus, a registered PoA can be revoked by the Principal by a Revocation Deed which would express his/her intention to cancel the earlier deed.
The Revocation of Power Attorney Deed must consist of the following:
Name and details of the Principal in the same format and spelling in which these details were mentioned in the PoA,
Name and details of the Attorney in whose favour the earlier PoA was made,
Date of Power of Attorney which is intended to be cancelled,
Details regarding the nature and extent of powers/responsibilities that were given to the Attorney,
Date and details regarding the previous Power of Attorney, including registration details (such as date of registration, place/name/office of the Sub-Registrar, Deed number, etc. )
Reason for revocation (not mandatory),
Signature, and
Date of signing of the Revocation of Power of Attorney.
Draft of Revocation of the Power of Attorney
Let is be known to all men through these presents that I…………….s/o………………..r/o……………….do hereby remove and cancel all the powers and authorities given by me to Shri……….s/o……….r/o……….by virtue of a power of attorney dated……….
I further declare that all or any of the act done or executed by aforesaid Shri…………s/o………….r/o…………under or in pursuance of the aforesaid power of attorney dated…………shall not be deemed to be my acts nor done in my name or on my behalf, after the execution of this present deed.
IN WITNESS WHEREOF act……….
There are no specific documents required for the drafting and execution of a revocation of a Power of Attorney. However, ID proofs of the parties in order to confirm the names and permanent addresses of the principal and agent should be scrutinised. Documents evidencing clear title of the properties/businesses etc. must also be examined. Other than these, the original or copy of the Power of Attorney which is being revoked must be referred to while making the Revocation Deed for it.
The services of a lawyer will be required to have a revocation of a Power of Attorney drafted, which may then be required to be registered as per the applicable law. The Revocation Deed must be drafted on a Stamp paper of due value which shall mention the correct details of the Principal, the Attorney, the details regarding the previous Power of Attorney, the cancellation date and registration details including the place, name and the office of the Sub-Registrar. A written notice informing the Attorney of the cancellation should also be sent. The Revocation Deed then also must be registered.
Revocation of Power of Attorney needs to be sent with the help of a lawyer who would carefully draft the Revocation Deed. It needs to be properly stamped. The stamp paper value depends upon each State. Registration of PoA is compulsory in some states, which may not be the case in other states. Thus, it is important to take the help of a lawyer in order to understand the rules to be followed in your particular state. If the Power of Attorney deed was registered in the office of a Sub-Registrar, the even the Revocation Deed must be registered in the same Sub-Registar’s Office in order to avoid any malpractices by the Attorney.
One of the first and the most important steps that you must undertake is to hire a good documentation lawyer as he/she is aware of the nitty gritty of the legal procedures and necessary requirements involved in drafting of Revocation of Power of Attorneys. A lawyer has the necessary legal knowledge and experience to handle and draft documents. He/She will be able to guide you and draft for you according to your particular situation - the facts, circumstances, business risks and needs involved. A documentation lawyer is aware of good drafting technique and the clauses that must be included in your Revocation of the PoA. It is also important to discuss the legal implications of executing a Revocation Deed with a lawyer, since the principal has been legally bound by the actions of the agent acting under the power of attorney intended to be cancelled. This hiring a lawyer will help you in more ways than one.
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