Law chamber

 PAVANANJAYA

 20 Years Exp

 Revoke/cancel Power of Attorney (Show More)

 Dakshina Kannada , Kodiyalbail

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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 : PAVANANJAYA

Law Firm Name : Law chamber

Country : India

City : Dakshina Kannada

State : KARNATAKA

Practicing Since: 2006

About Your Firm : I am practicing since 2006 as a civil Advocate in Mangalore I am handling civil Matters M.C Cases , Consumer cases Registration work Revenue work, Legal Opinion etc

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Subject :  Registration of property
Question :  Hello, I want advice on property registration. I have flat of 900 super built up area in Patna which I want to sell for Rs 27 lakhs. A buyer has agreed and an agreement has been made accordingly. However as per valuation the value of a property of 900 sq feet in my area is Rs 36 lakhs. Now the buyer wants to register the sale deed at Rs 36 lakhs. As payments will be made to my bank account, what will be the legal aspects and tax problems as payment amount will be Rs 27 lakhs,and I shall have to pay income tax accordingly. Please advice on the course of action to be taken. Thank you

Answer by Law chamber :  Yes you have to pay income tax on 36 lakhs you shoud avaid that you can do sale deed 27 lakhs ok

Subject :  Registration of property
Question :  Hello, I want advice on property registration. I have flat of 900 super built up area in Patna which I want to sell for Rs 27 lakhs. A buyer has agreed and an agreement has been made accordingly. However as per valuation the value of a property of 900 sq feet in my area is Rs 36 lakhs. Now the buyer wants to register the sale deed at Rs 36 lakhs. As payments will be made to my bank account, what will be the legal aspects and tax problems as payment amount will be Rs 27 lakhs,and I shall have to pay income tax accordingly. Please advice on the course of action to be taken. Thank you

Answer by Law chamber :  Yes you have to pay income tax on 36 lakhs you shoud avaid that you can do sale deed 27 lakhs ok

Subject :  Registration of property
Question :  Hello, I want advice on property registration. I have flat of 900 super built up area in Patna which I want to sell for Rs 27 lakhs. A buyer has agreed and an agreement has been made accordingly. However as per valuation the value of a property of 900 sq feet in my area is Rs 36 lakhs. Now the buyer wants to register the sale deed at Rs 36 lakhs. As payments will be made to my bank account, what will be the legal aspects and tax problems as payment amount will be Rs 27 lakhs,and I shall have to pay income tax accordingly. Please advice on the course of action to be taken. Thank you

Answer by Law chamber :  Yes you have to pay income tax on 36 lakhs you shoud avaid that you can do sale deed 27 lakhs ok