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An individual can give a third party Power of attorney to execute a document on his behalf if he cannot do so for any reason. You will need to visit the local Sub-Registrar's office where the PoA was initially registered and get the revocation recorded in the government records. Before learning a step-by-step guide on
how do you cancel a power of attorney
, you must know to cancel it, the principal must prepare a Revocation Deed or a Cancellation of Power of Attorney document. This deed should directly state:
The details of the original PoA (date of execution, scope of powers, etc.).
The reason for revoking the PoA.
A statement clearly shows that all powers and authorities previously granted to the agent are revoked and are no longer valid.
Once the revocation deed is drafted, it should be notarised to make it legally valid.
The principal must notify the person who was granted authority under the PoA of the revocation. This should be done in writing.
If the agent was dealing with third parties (such as banks, government offices, or any other institutions), these parties should also be informed about the revocation.
To avoid further transactions or actions being taken under the authority of the revoked PoA, you must send them a copy of the revocation deed. If you registered the original PoA with the sub-registrar's office (which is mandatory for PoAs related to immovable property), you must also register the revocation deed.
I hope this answers your questions, how do I cancel a power of attorney.
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For power of attorney how to cancel in India, you can follow these steps:
Draft a Deed of Revocation:
Prepare a written document (deed) stating that you are revoking the POA.
Mention the reason for revocation, the effective date, and the consequences of this action.
Serve Notice to the Agent:
Deliver the notice of revocation to the agent (attorney-in-fact).
Ensure it reaches them officially.
Publish in a Newspaper:
Optionally, publish the notice in a local or national newspaper to make it public.
Register the Cancellation Deed:
Visit the same authority (Sub-Registrar’s office) where the original POA was registered.
Register the cancellation deed to formalize the revocation.
Remember to consult legal professionals for specific advice related to your situation.
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A power of attorney is an instrument which is prepared by the property owner. Under the power of attorney act 1882, a person has the right to give the power to a trustworthy person as a guarantor on his behalf. The guarantor can take POA executor’s property matters decision in his absence. Usually NRIs avail the power of attorney facility so that their property legal matters get solved without visiting India. But there are times when a person needs to revoke the power of attorney due to many reasons. If you also want to cancel the power of attorney, then you should know
how to cancel power of attorney.
How to cancel general power of attorney for NRI?To cancel the power of attorney you need to follow a legal process, verbal orders will not be sufficient.
Draft a revocation deed on a stamp paper. The draft should carry details when the previous power of attorney was made and the name of parties ( your name & guarantor name). Also mention that the POA needs to be revode and that is the reason why you want to cancel the power of attorney .
After Drafting the revocation of POA visit the nearest Indian embassy in your current home country. ( you can also take the help of lawyer)
You will be required to sign the documents and then your cancellation request with the documents will be sent to India.
Then you will receive a confirmation call from the High court regarding the cancelation of your Power of Attorney.
This is the process on how to cancel POA for NRI.
How to cancel registered power of attorney?To cancel the power of attorney you will be required to prepare the deed for revocation of power of attorney this is usually drafted by the lawyer.
The drafting structure will remain same for Indians & NRIs
Once your draft is complete you will be required to submit the revocation POA draft to the sub- registrar office where the property is located.
The revocation draft is not valid until it is registered.
Hope you found this answer useful and now you have got the idea
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Power of attorney is a legal document which is created by a grantor to bestow special powers to the attorney to act on his behalf whenever necessary in important matters. Here, the grantor is the person who creates the power of attorney, whereas the attorney is the individual who has the special powers to act on the behalf of the grantor. Now that we have clarity on what is power of attorney, here is how to cancel power of attorney.
How do you cancel a power of attorney?If you have decided to cancel power of attorney there is a certain procedure that needs to be followed, follow through the instructions given below to understand it in detail.
- Once you decide to cancel power of attorney, you will have to create a deed for revocation of power of attorney.
- Mention the reason, date and consequences for revocation of the POA and get it notarized (if the original power of attorney was notarized)
- You will have to serve the notice of revocation to the attorney and inform him/her prior to revocation.
The power of attorney automatically stands revoked if the executor of the POA breaches the code or in case of death of the executor.
There are many reasons because of which an individual might wonder how to cancel power of attorney. Some of them being:
- The event for which the power of attorney was created no longer exists.
- The grantor has established mistrust for the executor of the power of attorney.
- The executor is indisposed hence cannot perform the given duty
- The grantor finds a new candidate suitable for the power of attorney
I would suggest to always take a legal route to carry out any such documentation. If you are creating a power of attorney for the real estate and can use some expert’s help, I would suggest you to seek
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How to Cancel Power of Attorney?
Shakuntala
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3 Year
2021-04-06T11:21:06+00:00 2024-07-02T09:45:00+00:00Comment
5 Answers
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