Are you an NRI and have executed a Power of Attorney in someone’s favour in India? Later you got to know that the Power Of Attorney is used for wrong purposes and you do not wish to continue with that Power of Attorney.
Then here you can know the procedures that how can you revoke or cancel a Power Of Attorney.
Power of attorney is a legal document whereby one person gives the authority to another person referred to as an “Attorney” to act on his behalf or represent him in anything such as legal, financial or property etc.There are two different Power of Attorney one is the General Power of Attorney (Hereinafter referred to as “GPA”) and the other is the Special Power of Attorney (Hereinafter referred to as “SPA”).
- GPA is an attorney where a person gives general authority to his agent or attorney to act on his behalf in any respect regarding his movable and immovable assets such land, house, buildings etc.
- Special Power of Attorney is specific and restricted to the acts to be done by the attorney.
As you know Power of attorney is a powerful document. Thus, it is not possible for the executor to cancel it verbally. A proper procedure must be followed for the Revocation or cancelation of Power of Attorney.For cancelling or revoking the registered Power of Attorney, the executor should draft a Revocation Deed in a legal format stating his intent to void the deed with effect from a specific date. It is compulsory to register the Revocation Deed if the Power of Attorney was a registered one.For NRI, attestation of deed/document by Indian consulate abroad gives more authenticity in India for all types of documents. Consulate will charge a small amount of fee for this purpose. Thereafter revocation deed needs to be sent for adjudication in the office of a competent authority.You also need to send a legal notice along with the revocation deed to the person in whose favour the Power of Attorney was granted stating that the deed was cancelled with effect from the date of the notice. If the interest of large number of peoples is affected then it is important to publish a notice in a local newspaper which has reasonable circulation in the city where the Power Of Attorney was issued, that the deed was cancelled with effect from the date of the publication.If a Power Of Attorney is not registered, it can be revoked by drafting a revocation deed and sending it along with legal notice by registered post to the person to whomthe power of attorney is given and publishing a public notice in the local newspapers in the area where the Power Of Attorney is related.
Requirements to Make the Revocation deed Valid
- Drafting: –Firstly, draft the deedby stating the information about person to whom Power of Attorney was given with the intention to void the deed along with, date of earlier registered POA, termination date along with the registration details of deedeffect from a specific date.
- Registration: – For revocation of A Power Of Attorney it is important to NRI’S to attestation of deed/document by Indian consulate. Thereafter revocation deed needs to be registered in India, preferably at the same Sub-Registrar office where the original Power of Attorney was registered before.
- Notice: For revocation of Power of Attorney, the executor must give legal notice and public notice in the newspaper for acknowledgement to other party that the deed is cancelled with effect from the date of the notice.