RAMAKANT MISHRA & ASSOCIATES
Sharad Mishra, Advocate
12 Years Exp
Revoke/cancel Power of Attorney (Show More)
Raipur , Raipur
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Overview
Have you given a Power of attorney to someone you know? And later due to some reason you don’t want to continue the granting of power to the Attorney, or in situations where the Attorney is not ready to continue with the power granted by you, what should you do?
A Power of Attorney deed is always registered and made legal through proper stamp duty and registration process. Hence as long as the deed remains in the hands of the Attorney he is legally entitled to enjoy the powers granted in the deed. And the principal cannot cancel it orally. Cancellation of Power of Attorney is also known as Revocation of Power of Attorney in the legal language.
To revoke or cancel the Power of Attorney granted by the Principal and if registered, the same Principal (the person who granted the power) has to draft yet another Revocation Deed expressing his intention to cancel the earlier deed with effect from a particular date.
Revocation Deed is to be drafted in a proper format on a stamp paper of due value and has to be presented to the Registrar or sub- Registrar office where the earlier deed was registered. The Revocation Deed also has to be registered if the earlier Power of Attorney deed was registered.
You also have to send a written notice to the person to whom the power was granted, that is the Attorney, mentioning the cancellation of the deed from the date of notice. Otherwise if the Attorney comes to know of your intention before the notice is given to him, he may opt to do some mischief in case he has any crooked ideas.
If the Power of Attorney is not registered like the case of Special power of Attorney, where it is just made on a plain paper, and notarised, then a written notice to the Attorney mentioning the cancellation is enough.
What should be included in the deed?
The Revocation Deed should include the following:
The name of the Principal (the person who granted his powers to the Attorney) in the same spelling and format as in the earlier deed.
The date of the Power of Attorney deed that is now being cancelled.
The name of the Attorney in whose favour the power was granted in the earlier deed.
The date of the revocation or cancellation.
You can also elaborate on the nature of power that was given and the reason to revoke etc. though these are not mandatory.
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Name : Sharad Mishra, Advocate
Law Firm Name : RAMAKANT MISHRA & ASSOCIATES
Country : India
City : Raipur
State : CHATTISGARH
Practicing Since: 2014
About Your Firm : Ours is a law firm having its head office at Raipur and its branches at Durg and Bilaspur. We have more than years of experience in the legal field. We have advised and litigated for various individual clients, companies, private, public as well as statutory corporations, regarding a wide range of legal issues including (but not limited to):- • Arbitration and ADR; • Banking and Finance; • Civil Litigation; • Criminal Defense & Litigation; • Corporate Litigation; • Consumer Matters; • Constitutional & Administrative Matters; • Cyber and IT law; • Debt Recovery Laws; • Due Diligence; • Electricity Laws related matters; • Employment Laws; • Human Rights; • Intellectual Property; • Injury Compensation Laws; •Labour& Industrial Matters; • Matrimonial & Family Matters; • Property and Land Laws related matters; • RTI Laws; • Revenue Matters; • Tenancy Laws; • Trusts & Estates Related Litigations; • Other core areas of Law.
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Legal & Drafting
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