POSTED BY: NRI Legal World | 20 November - 2018
Are you an NRI and have granted a Power of Attorney (POA) to someone in India? And because of some reason now, you do not wish to continue with the granting of that POA or are facing a situation where the person to whom POA was granted is not prepared to take up the power given to him?
This blog highlights the right way through which an NRI can revoke a POA:
It is mandatory to register a Power of Attorney, and it is made legal with the help of a proper stamp as well as a registration process. Thus, it means that as long as the POA remains with the person to whom it was granted, he/she can legally enjoy all the powers granted in that POA. And it isn’t possible for the principal to cancel it verbally. A proper procedure needs to be followed for the Revocation of Power of Attorney (POA).
For canceling or revoking the registered POA, the Principal should draft a Revocation Deed stating his intent to void the previous deed with effect from a specific date. The deed for revocation must be prepared in a proper format on a legal stamp paper and has to be submitted to the Registrar’s office where the previous POA was registered. It is mandatory to register the Revocation Deed if the former POA was a registered one.
You also need to send a notice to the individual whom the POA was granted stating that the deed was canceled with effect from the date of the notice. Or else if the person gets to know about your intention before sending out the notice, he/she may choose to do some illegal activity in case he/she has bad intentions.
If the POA isn’t registered, in the case of a Special Power of Attorney, which means it is simply made on a piece of paper and notarized, then only sending out written notice to the person stating the cancellation is more than sufficient.
The Revocation Deed must comprise of the following:
The registration of Power of Attorney is mandatory in certain states, and in some, it’s not. It is generally under continual amendments as per the specific government policies and varies from one state to another. Therefore, the standard method to make the Revocation of POA legally valid may differ depending on the state in which it was made.
Drafting – Firstly, draft the document on a stamp paper of due value stating the information about the Principal, person to whom POA was granted, date of earlier deed, termination date along with the registration details, such as date of registration, location, name and address of Sub-Registrar office as well as the deed number, and so on.
Notice to Attorney – Ensure that you send out written notice to the person updating him or her about the POA revocation.
Registration – In case the POA was registered in a sub-registrar’s office, then the Revocation Deed must also be registered at the same registrar’s office to steer clear of any malpractices by the attorney. Additionally, a notice in writing must be delivered to the person notifying him/her of the Revocation.
In case the POA was not registered previously, thereupon the Revocation Deed also does not have to be registered. It could be prepared on a regular paper and notarized. After that, the copy of the same can be sent out to the person to whom POA was granted.
– Is it mandatory to register the Revocation Deed?
In cases where the previous POA was registered, it is mandatory to register the Revocation Deed at the same Sub-Registrar’s office to prevent any conflicts in the future. In case the POA was not registered, then you do not have to get the revocation deed registered.
– What happens if the attorney goes on using his powers after getting the revocation notice?
As soon as the person gets the notice of termination of POA, which awarded him/her rights to perform particular acts on the part of the Principal, he/she is no longer permitted to take advantage of those powers. Despite this, if the person still performs any activity behalf of the Principal, the Principal can take appropriate legal action against him or her. Furthermore, the Principal won’t be bound by the person’s actions after they receive the notice of revocation.
– I am an NRI and had given the POA to my relative in India since I could not come to India for a long time. The deed wasn’t registered. And now I am coming back to India and wish to cancel the power granted to him. Given that the POA is not registered, how do I go about canceling it? Will it be sufficient if I approach my relative and let him know verbally?
Because you have not got your POA registered, you can send out a written notice on a regular paper or perhaps an email to your relative announcing the revocation of the power directed at him, effective from the date of the notice issued. And make sure you get it done quickly because in case he has ill intentions to do some fraudulent activity, you can even become bound by it. Make sure he should not come to know your intentions until he receives the notice. Kindly don’t let it out before that at any cost.
We, at NRI Legal World, have a team of qualified and experienced legal professionals who can draft all kinds of Power of Attorney Revocation Deeds for NRIs in a short time frame and with complete accuracy. No hassles of finding a suitable lawyer or determining appropriate words to include in the revocation deed. We take care of everything on your behalf. All you need to do is to fill out our contact form on your right or email us at email@example.com or call on +91 85-85-85-71-71. We are always happy to assist you with all your NRI legal and administrative issues.