Adv.Ambrose leo Associates & Legal Consultant

 Ambrose

 15 Years Exp

 Revoke/cancel Power of Attorney (Show More)

 Bangalore , EPIP

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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 : Ambrose

Law Firm Name : Adv.Ambrose leo Associates & Legal Consultant

Country : India

City : Bangalore

State : KARNATAKA

Practicing Since: 2010

About Your Firm : Established in 2010. Offices at maharashtra and Karnataka, Practicing in Nagpur,Mumbai Maharashtra,Bangalore Karnataka High Courts. Professional & Expert in Employment and Service Matters,Central Government Courts under Ministry of Labour & Employments. Up to High Courts, Central Administrative Tribunals, Property & Civil & Criminal cases Connected,Company Law Matters Registrar of Companies Under Ministry of Corporate Affairs Under Union Of India.Consumer Forums,Co-operative courts etc.

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Subject :  Cost of rental agreement
Question :  What is the total cost of rental agreement including stamp paper for rental in Hebbal apartment and how much time to send

Answer by Adv.Ambrose leo Associates & Legal Consultant :  Cost of Rental Agreement including Stamp Paper and agreement as per the requirement of Law is prepared Immediately on receipt of details on all aspect of the Law.Total Charges Rs.1000/- (Rs.One thousand Only)

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 Adv.Ambrose leo Associates & Legal Consultant :  Yes, you have to prepare duly stating the status of the property with relevant documents and annexe, you should have two witness preferably your family doctor & Lawyer and register.Better to consult a Expert lawyer to prepare all aspects of the issue & register.

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 Adv.Ambrose leo Associates & Legal Consultant :  Yes, you have to prepare duly stating the status of the property with relevant documents and annexe, you should have two witness preferably your family doctor & Lawyer and register.Better to consult a Expert lawyer to prepare all aspects of the issue & register.

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 Adv.Ambrose leo Associates & Legal Consultant :  Yes.For drafting will contact through this panel immediately.