Nidhi
in Property Law Family Law Corporate Law Contracts Law
Asked April 20, 2014

Cancellation of Power of Attorney

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i had given a power of attorney regarding a property situated in indore to my relatives. after that i wanted to get it cancelled it was done by a pune-based lawyer and the entire cancellation was in marathi and i couldnt understand a word of it. but since the lawyer was a trusted family friend i relied on him to do it. of late i have heard talks that perhaps it was not cancelled. if it not cancelled i can be a great problem. i am placed in calcutta right now. my questions are 1. do i have to go to indore to get it cancelled again or can i do it from calcutta itself? 2. suppose the power of attorney is cancelled, will cancelling it again create any problem? 3. suppose there was any misuse done to the property between the period when i wanted to revoke the power of attorney and till the time it was actually revoked, what is my remedy?

Answer 1

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Jayanth Ravi

 

1.      Power of Attorney is used in situations where the owner of a property cannot himself effect certain transactions that he wishes to perform. For example, an NRI living in the states would execute a Power of Attorney on a trusted person in India to conduct transactions on his behalf. Thus, place of execution of Power of Attorney does not have to be the same as the place of the properties affected through that PoA document. Similarly cancellation of PoA has to be done appropriately with respect to the original PoA, for example if the PoA was done through a registered deed then the revocation deed also must be registered. The PoA can be cancelled through an appropriate revocation deed and for the same you need not go to Indore. But notice has to be given to the concerned relatives, other interested parties, etc. of the revocation. Further you must also publish a notice informing the public of the revocation in two local daily newspapers, one in the local language and the other in English. In case the original PoA was registered in accordance with sections 32 and 35 of the Registration Act (when PoA can allow for sale of property), then the revocation deed must also be registered, and all the relevant documents must be submitted to the Sub Registrar’s office at Indore in order to inform him not register any sale done after revocation, through the original PoA.

2.      Cancelling the PoA again if a valid revocation deed already exists should not be a problem.

3.      In case of misuse of PoA you’ll have to prosecute the relatives for criminal breach of trust under Sec. 405 of IPC. In case the misuse of PoA has resulted in disposal of property, the prosecution must be under Sec. 420 IPC.

References:

http://www.legalservicesindia.com/articles/poa.htm

http://www.legalindia.com/power-of-attorney

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