Anonymous
Asked December 25, 2016

Cancel power of attorney

  • 4 Answers
  • 2114 Views

Hello, I have given General Power of Attorney to my cousin around 8 months ago which was registered at local sub-register as I am not available in the country. I have included 8 properties and my bank accounts. I receive rents from 6 properties(around 5 lac/month) and I have loan on other 2 properties(around 1.2 lac to be paid as EMI). So he is taking all the rent and not paying any EMI from last 8 months. When I contacted my cousin to cancel the power of attorney he is not willing to cancel as he gets around 5 lacs through rent every month. so how can I cancel the Power of attorney?

Answers 4

Firstly the ideal situation would be to cancel his POA, i.e power of attorney. If you want to recover your money you can file a case of criminal breach of trust under section 405 of Indian Penal Code, 1860.

To cancel a power of attorney, the Deed must be signed by the Donor(i.e. you) and the Attorney(i.e your brother) must be informed that his power to act has been revoked. The Attorney's authority doesn't cease until he receives a notice of the revocation. so a copy of the form should be sent to each Attorney. The Donor must also demand that the Attorney return the power of attorney to them, to confirm that the power has been cancelled.

The ideal way to cancel a Power of Attorney is by creating another legal document called the Revocation of Power of Attorney. This document is a legal notice indicating that whatever powers were bestowed on a previously appointed Attorney stands cancelled. It is essentially a written confirmation that the Grantor has revoked all powers issued through a POA issued previously.

To make sure that the Revocation is executed fairly, follow these steps:

  • Draft a deed for Revocation of Power of Attorney.
  • If the Power of Attorney you wish to revoke was notarized or registered, you will need to do the same for the Revocation document as well.
  • Send a copy to your brother. Keep in mind the revocation is effective if your brother receives it. Sending it via registered post would be ideal (for evidentiary value).
  • Send a copy of the Revocation of Power of Attorney to your tenants where the Attorney may have acted on your behalf.
  • Send a copy to where the POA was registered. Eg deed registry, land titles office etc.
  • Preserve a copy for yourself in a safe place.
  • If your brother still does not comply with the same, then you can file a case of trespass against him.

     

    Agree Comment 0 Agrees almost 4 years ago

    Sir, the process of revocation of General Power of Attorney is simple. Firstly, you must file a deed of revocation of GPA at the same Registrar’s office wherein the GPA was originally executed. After the deed is executed by the registrar a legal notice explaining the cancellation and an attested copy of  the deed must be furnished to your cousin to confirm the cancellation of power of attorney.

    However you may require legal help to draft the deed and notice which can be availed through the link below:

    http://lawfarm.in/legal_cases/new

    Agree Comment 0 Agrees almost 4 years ago

    Yes you can. If the Principal feels that the power of attoney agent is acting against his interest/wishes then he/she can cancel the same by giving a notice to the agent. In your case is concern, first of all you have to issue a notice to your agent for your intention to cancel the power of attroney. In that notice you can also mention about his alleged mismanaged activities. Further more, you need not to wait his replay or his concent to cancel the power of attorny. After giving such a notice, you havo to go to the same sub-registrar office to cancel power of attoney by filing the cancellation deed. 

    Agree Comment 0 Agrees almost 4 years ago

    After cancellation of GPA please also give notice to tenant from whom you are receiving rent and ask them to deposit the rent directly in your account.

    Agree Comment 0 Agrees almost 4 years ago

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