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 DHANANJAY SRIVASTAVA

 20 Years Exp

 Revoke/cancel Power of Attorney (Show More)

 Lucknow , Ghazipur (Lucknow)

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Information

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 : DHANANJAY SRIVASTAVA

Law Firm Name : no firm

Country : India

City : Lucknow

State : UTTAR PRADESH

Practicing Since: 2005

About Your Firm : I am an individual Advocate in the High Court of Lucknow since 2005 and member of Oudh Bar Association. The objective of my carrier is to provide fair and expeditious legal service to the clients while representing them in courts by utilizing my knowledge, skills and hard work. AREA OF PRACTICE LITIGATION Service and Education Matters, Civil & Criminal matters, Consumer matters, Matrimonial matters, Corporate and Commercial Matters, Banking & Insurance, Arbitration/ Mediation , Revenue matters etc. I have been consistently providing professional, accurate and efficient legal advice, support and assistance to individuals as well as organizations in the High court of Lucknow and other / forums/commissions tribunals.Also serving as a Standing Counsel of U.P.State Bridge Corporation and empanelled lawyer in U.P.Rajkiya Nirman Nigam. NON-LITIGATION Drafting assorted Agreements and Contracts, Memorandums and other documentation including Memorandum of Understanding, Articles of Association, Joint Venture Agreements and Amendments, Employer-Employee Agreements, Tripartite Agreements, Principal-Agent Agreements, Special Power of Attorneys, Notices, Deed of Conveyance, Leave and License Agreements, Intellectual Property Contracts and other services including Registration of Trademarks, Copyrights and Patents etc.

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