The person who is issuing the Power of Attorney is the Principal, whereas to whom the Principal is issuing it, is the Attorney.
Through the power of attorney, the Principal authorises the Attorney to do all acts, or appear and sign on all relevant documents on behalf of the Principal.
If due to some reason any person is unable to do any particular act, or appear before the Court, any other authority, or to execute any particular document, then he/she can issue Power of Attorney.
In India, if the attorney after execution of a Power of attorney does anything against the terms of it, then a legal notice for cancellation of power of attorney can be sent to him by the principal.
The principal before taking any other action must send a legal notice for revocation of power of attorney.
When does the Principal send a legal notice for cancellation of power of attorney?
The scenarios include when:
The attorney does anything contrary to the terms and conditions of the Power of Attorney.
The work or business is complete for which the power of attorney exists.
If the principal himself/herself completes the work.
With the help of an advocate, you can draft and send the legal notice for cancellation of power of attorney. You can find one easily through MyAdvo!
Not only that but you can also find out legal notice format for revocation of power of attorney here.
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What is Power of Attorney and its types?
Issuing a Power of attorney is a vital legal document by a person to a third party. It gives one the right to act, appear and sign on all relevant documents on behalf of him/her, if:
he/she is unable to do any particular act, or
appear before the Court/any other authority, or
to execute any particular document.
A power of attorney can be either registered or unregistered. Both the powers of attorney are different in nature. Even the procedure of revocation for this power of attorney is different.
Registered Power of Attorney: when a power of attorney has signatures before the registering authority i.e. the Additional District Sub-Registrar or the District Sub-registrar. The office of the Registrar records it as a registered power of attorney.
At the time of revocation of a registered power of attorney, one needs to draft a Deed of revocation of power of attorney. This has to be registered in the Registry office.
Unregistered power of attorney: It's the power of attorney which is not registered before the Registry Office and only signed by the parties or notarized by a Notary public.
A Power of attorney can be of two types in respect of its nature.
General power of attorney: if the principal through a power of attorney authorizes the attorney to do all the needful in respect of any work then that power of attorney is a General power of attorney.
Special power of attorney: if the principal through a power of attorney authorizes the attorney only a few specific powers that are there in the power of attorney then it’s a Special power of attorney.
A Power of attorney can also be classified in another two types in respect of Revocation.
Revocable Power of Attorney: if the power of attorney is revocable at any time after execution in accordance with the will of the principal.
Irrevocable Power of Attorney: if there is a clause in the power of attorney stating that it is irrevocable in nature.
It is pertinent to mention here that a power of attorney will not be treated as an irrevocable one merely because the clause of irrevocability is mentioned in the deed of power of attorney.
To revoke an irrevocable power of attorney, one can issue a public notice through newspaper publication. If one does not issue a public notice, then the revocation of an irrevocable power of attorney is invalid.
One needs to note the following cases when the Principal cannot revoke the power of attorney such as:
When the attorney has some right and interest over the subject matter. For that, the power of attorney, the principal cannot revoke the power of attorney. In this case, the consent of the attorney is mandatory for revocation.
In case the attorney partly exercises his duty in accordance with the clauses of the power of attorney. Then there is no deprivation of the right of the act which he performs.
When can one revoke the Power of Attorney?
To revoke a Power of Attorney by the Principal these are the following three cases when:
The attorney does anything contrary to the terms and clauses of the Power of Attorney then the principal can revoke the power of attorney after giving prior legal notice for cancellation of power of attorney.
The due completion of work or business for which there is a power of attorney.
The issuance of the power of attorney ends when the principal himself/herself completes the business. Then it becomes unnecessary to keep the power of attorney and the Principal can revoke the power of attorney.
Relevant Statutes dealing with Revocation of Power of Attorney
The Power of Attorney Act, 1882 (doc)
The Indian Contract Act, 1872
Usually, by signing a Deed of Revocation of Power of Attorney, one can revoke it. However, if the power of attorney is irrevocable in nature, then to revoke it, the Principal must give public notice. Either through two national and regional esteemed daily newspapers. After which, the principal should approach the Court of law to terminate such Power of Attorney.
It is mandatory at the time of execution of his/her duty, the attorney is a guaranteer by the Principal. However, if the attorney doesn’t act lawfully or in good faith, or does such work attracting criminal punishment. Then the Principal is not liable to secure the Attorney.
Who can revoke a power of attorney?
A legal notice for cancellation of power of attorney can be sent by the principal when:
In case the Power of Attorney is given by more than one Principal then, a single Principal cannot revoke it. To revoke that Power of Attorney, it requires signatures of all the Principals. On the other hand, if the execution of the Power of attorney is to several executors by the Principal. Then it is revocable by individual Principals.
In case of issuing of Power of Attorney to more than one Attorney. If one attorney withdraws themselves from their duty/dies, then the Attorney can't continue with the Power of Attorney. However, if the execution right is available jointly and severally, then the remaining attorneys can continue performing their duties.
A company/firm gives Power of Attorney to a person. The dissolution of that company or firm is a way to revoke the power of attorney automatically.
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How you should draft legal notice for cancellation of power of attorney in India?
You can consult a lawyer who is prudent and up to date in the subject matter, civil laws and have experiences in handling civil cases can give you the format of legal notice for cancellation of power of attorney in India.
You can find a good civil advocate easily through MyAdvo. Not only that you may also find out the sample of standard legal notice for revocation of power of attorney form in pdf or other formats here.
A legal notice for cancellation of power of attorney must contain these essential points:
Name, description, and place of residence the person or persons.
Name, description, and place of residence of the sender of the notice.
Details of the cause of action.
The detailed description of the incident which raised the cause of action.
The specific time for revoking the power of attorney.
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