Menon and Singh, Advocates and Solicitors

 Parvathi Menon

 11 Years Exp

 Revoke/cancel Power of Attorney (Show More)

 New Delhi , New Delhi G.P.O.

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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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Reviews

Name : Parvathi Menon

Law Firm Name : Menon and Singh, Advocates and Solicitors

Country : India

City : New Delhi

State : DELHI

Practicing Since: 2014

About Your Firm : Menon & Singh law office is a full-service law office founded by Ms. Annapurna and Ms. Parvathi Menon. With a team of young professionals, the firm strives to not only to comprehend the grievances of its clients and provide efficient and cost effective solutions to them, but at the same time it also renders its support in assisting them to achieve their goals. The firm leaves no stone unturned to overturn the nadir of its clients into their zenith.  "Out of the box thinking" is the key phrase that guides the team in their quest to find remedy to the complex legal quandaries that loom at large before its clients. The firm provides a beautiful blend of conventional wisdom and novel ideas while dealing with the cases.  The firm understands that many a times when a client visits them, they may have undergone severe mental distress. Menon & Singh Law Office takes great pride in providing counselling services to its clients as it understands that mental peace is one of the most valued objective of mankind. The firm understands that the best results are the product of a partnership, so we work with each client to develop and execute custom-built plans designed to maximize success.  ? ? ?    ?     ? ? ?

Manpower/Employee Details

Sr Employee Associated Sr Employee Enrollment/Reg.No Sr Employee Enrollment/Reg.State
parvathi D/1837/2014 New Delhi
Jr Employee Associated Jr Employee Enrollment/Reg.No Jr Employee Enrollment/Reg.State
Annapurna D/5043/2017 New Delhi

 Legal & Drafting

  Power of Attorneys ( General Power of Attorney )
  Agreements/Deeds ( Rectification Deed )
  Power of Attorneys ( Special Power of Attorney )
  Packages ( Legal Opinion to Registration (Plot/Site) )
  Agreements/Deeds ( Relinquishment deed )
  Power of Attorneys ( Revoke/cancel Power of Attorney )
  Packages ( Sale Agreement to Registration (Plot/Site) )
  Agreements/Deeds ( Mortgage Deed )
  Construction Approvals ( Residential )
  Packages ( Sale Agreement to Registration (Apartment) )
  Agreements/Deeds ( Exchange Deed )
  Wills ( Make A will )
  Packages ( Legal Opinion to Registration (Apartment) )
  Agreements/Deeds ( Release Deed )
  Wills ( Make A Codicil )
  Agreements/Deeds ( Agreement of Sale )
  Agreements/Deeds ( Partition Deed )
  Agreements/Deeds ( Construction Agreement )
  Agreements/Deeds ( Memorandum of Understanding )
  Agreements/Deeds ( Sale deed )
  Registration Assistance ( Plot )
  Agreements/Deeds ( Gift Deed )
  Registration Assistance ( Independent House )
  Agreements/Deeds ( Sale Agreement/Deed Review )
  Registration Assistance ( Commercial Property )
  Agreements/Deeds ( Construction Agreement Review )

Subject :  Difference between a "mortgage" and a "lease"?
Question :  What is the difference between a "mortgage" and a "lease" Please explain

Answer by Menon and Singh, Advocates and Solicitors :  Mortgage and lease have been exclusively dealt with in the Transfer of Property Act. As per Section 58 of the said Act, mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. Section 105 TOPA states that a lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms. Difference- 1. In mortgage, the interest in property is transferred for securing payment of money whereas in lease, interest in property is transferred for enjoyment of property in exchange of some consideration. 2. Almost all types of mortgage requires registration of property but lease requires registration only if the lease period exceeds 11 months. 3. Mortgage deed requires attestation by 2 witness but lease does not require the same. 4. In mortgage the consideration is known as mortgage money whereas in lease, the consideration is known as premium or rent.