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The person who is issuing the Power of Attorney is referred to as '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 (carry out all the necessary steps), 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 the 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.
You can consult a lawyer who is prudent and up to date on 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.
Legal notice for cancellation of power of attorney must contain these essential points:
The scenarios include when:
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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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:
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.
At the time of the 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.
A Power of attorney can be of two types in respect to its nature.
A Power of attorney can also be classified in another two types in respect of Revocation.
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:
To revoke a Power of Attorney by the Principal these are the following three cases when:
Relevant Statutes dealing with Revocation of Power of Attorney
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 a 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.
Legal notice for cancellation of power of attorney can be sent by the principal when:
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1. The Indian Contract Act, 1872 - A detailed view of The Indian Contract Act, 1872.
2. The Power of Attorney Act, 1882 - A sitemap to The Power of Attorney Act, 1882.
1. Why does one require an attorney?
A: Granting POA to someone you trust comes in handy when you are unavailable or unable to act on your own and you need someone to act on your behalf. Whether you're a service person away from home or a retiree or dependent experiencing medical limitations, these are some of the common reasons to grant POA.
2. Can power of attorney be revoked?
A: Yes. The court can revoke power of attorney if it is proved that the agent is abusing his/her position contrary to the interests of the principal. It then passes the power on to a guardian. Revocation helps reduce risks of granting power to someone who can obligate you to deaths or purchases, you can't afford. When an agent acts on your behalf, you will be the one responsible to pay the bills.
3. Does power of attorney continue after death of the principal?
A: No. Power of attorney gets nullified after the death of the principal. However, family members can assign power of attorney to the attorney if they wish to.
4. What happens when POA disagrees with his principal?
A: POA is in charge of making decisions for his principal. But if there comes a time when the principal disagrees with the decision of his attorney, then the case is taken to court to come to a fair conclusion.
5. Which type of POA comes with the highest risk and which type comes with the lowest risk?
A: A Non-Springing General Durable POA is the broadest and riskiest POA available because it comes into effect immediately after signing it and has virtually no limitations. A Special POA is least risky because they limit the powers you grant your agent and they automatically expire after one year.