The Law Office of Akash Kashyap, Esq.

 Akash Kashyap

 9 Years Exp

 Revoke/cancel Power of Attorney (Show More)

 North East Delhi , Carterpuri

 View Answers by this Partner (1)

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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 : Akash Kashyap

Law Firm Name : The Law Office of Akash Kashyap, Esq.

Country : India

City : North East Delhi

State : DELHI

Practicing Since: 2016

About Your Firm : Akash Kashyap is an American trained and American qualified attorney practicing in New Delhi. He has a Juris Doctor from Brooklyn Law School, and is a member of the Bar Council of Delhi and New York State Bar in good standing. Akash Kashyap also has a M.Sc. in Management & Marketing from Lancaster University, and a B.Sc. degree in Applied Sciences from the University of Delhi. Through his career, Akash Kashyap has developed a wealth of experience in cross-border transactions, real estate transactions, intellectual property rights management, immigration law, trusts and estates, and civil litigation in the state of New York. He provides counselling and support on US law and back end support for litigation in the State of New York. His practice also includes general immigration law, intellectual property protection and management, media and entertainment law, cross-border investments, international estate planning, cross-border real estate management and transactions, and international mergers and acquisitions.

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Akash Kashyap D/6879/2017
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Subject :  Drafting a Will
Question :  Can i specify an under construction property in the Will? The property will be delivered only after a year. But i want to register the Will now by bequeathing my properties to my son. Is that possible?

Answer by The Law Office of Akash Kashyap, Esq. :  You can absolutely do so. You may will any interests in any property you possess to your son. The sale agreement constitutes such an interest - and you may leave it to your son. If the will goes into effect before delivery, then your son will stand in your shoes and be entitled to the delivery of the property at that point of time.