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Power of attorney cancellation

Last updated: February 16 2014
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  • Power of attorney cancellation

    Can a power be cancelled with or without the knowledge of the power holder
  • #2

    #2

    Re : Power of attorney cancellation

    If the owner of the property who had executed the power dies and the power is no longer valid.

    Certified copy of the power executed is preserved in the Sub-Registrar's office in Book 4 and is issued only to the parties, namely, the executor and the person in whose name power is executed. you can ask them to produce the recent certified copy before going for deal.

    I have noticed that while taking home loan from banks, they used to get a indemnity certificate from the seller on a stamp paper (if in case of any irregularities with the property and sale raises) for responsibility to resolve the issue at his own cost / compensation clause. So, you can do the same for a safety purpose.

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    • #3

      #3

      Re : Power of attorney cancellation

      Yes after 02-feb-2013.the POA can be cancelled if the principle decided to do so.there is no requirement for intimating the agent.But its better you send a registered post stating you gonna cancel the POA and then cancel..So tht if he sue's you,you can defend in court much easier.

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      • #4

        #4

        Re : Power of attorney cancellation

        any procedure for cancelling the power of attorney

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        • #5

          #5

          Re : Power of attorney cancellation

          yes there is a format for cancellation of POA.go to t document writer r advocate..they will type n gv....u hv to produce id proof for ur witness also...

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          • #6

            #6

            Re : Power of attorney cancellation

            1) The principal should immediately intimate the power agent (through a telegram and also through a registered post acknowledgement due letter) regarding his intention to cancel the powers conferred on the agent.
            2) Sub-registrar (property's locality) to be intimated to not to register any document based on the said GPA (Rs. 5/- court fee stamp to be affixed on such application) and request to register the GPA cancellation as in Sub-Registrar's office in Book 4.
            3) The individual can publish the same in Newspapers also; A paper notification stating the facts and also informing about the cancellation of the POA should be published in two largely circulated newspapers one in the local language and another in english, cautioning the general public about the dispute.

            I also came to know that there are two kinds of Power of Attorneys (PoA)
            1) Revocable PoA
            2) Irrevocable PoA
            Revocable PoA can be revoked at any time by simply giving notice or by the conduct of the person who has given it. Irrevocable PoA can not be revoked unless and untill conditions expressed therein got satisfied.

            So, better reach out to a advocate to sort out all your doubts.

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            • #7

              #7

              Re : Power of attorney cancellation

              POA is totally out of way . If at all exexuted and regsitered ,it is valid for one month only and automatically gets expired after one month

              SRO within this one month has the right to suspect and stop registration and seek the clarification for the reason for such Power conveyance.

              If the POA Conveyor dies within one month or not , POA needs to get Govt Doctors certificate along with his presence which is not feasible nowadays

              Almost POA except through close blood relatives for explicitly clear reasons spelt out and convincing to SRO, POA is invalid to discourage the brokers and agents

              So may agents switched over jobs
              Last edited February 16 2014, 12:31 AM.

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