How to Cancel a Power of Attorney in India?

Last Updated at: October 23, 2019
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How to cancel power of attorney in India
How to cancel power of attorney in India

Power of Attorney (PoA) is a way in which an individual can authorize someone else to make decisions on his/her behalf in certain matters. Usually, the necessity to have a PoA arises when there are many complicated things such as legal tasks. Here, you will get know how to cancel a PoA granted to someone on your behalf in India.

Power of Attorney (PoA) is an instrument through which a person can authorise another person to make decisions for him with regard to certain matters. It establishes a relationship which is in the nature of a principal and an agent and the person who has given the PoA is legally bound for the acts of the agent for the purposes which the agent is authorised to act on his behalf. A PoA is also defined under the Power of Attorney Act, 1882 which defines it as “any instrument empowering a specified person to act for and in the name of the person executing it”. The agent is referred to as the attorney-in-fact.

If you’re just looking around for related information on startups, government registrations, tax or legal documentation, check out the list of services we provide to make your interaction with government as smooth as is possible by doing all the legal documentation for you. We will also give you absolute clarity on the process to set realistic expectations.

 

The need to have a PoA often arises in a world where things are becoming increasingly commercial and complicated, with tasks, including legal tasks, becoming more specific. In such situations, one has to give the PoA to another person authorising them to act on their behalf. A common example is when a client gives the PoA to his lawyer to act on his behalf in a property transaction.

Get Your Property Registered

Types of Power of Attorney

Broadly there are two types of PoA- first, general PoA and second, specific PoA. When the PoA authorises the agent-in-fact to deal with an issue as a whole, it is referred to as a General PoA. Situations in which the PoA authorises the agent-in-fact to deal with a particular aspect of a subject matter is called specific PoA. In cases of specific PoA, the attorney cannot act beyond the realm of the powers that have been granted to him.

When can Power of Attorney be Revoked?

There are a number of situations through which the principal-agent relationship between the attorney and the authoriser comes to an end. There is no explicit law governing the same, hence these principles have been drawn from the Indian Contract Act, 1872 and various courts in India which have interpreted general principles of law and applied that to situations of PoA. Following are some of the ways in which it can be done-

1) By the Acts of the Principal

There are a number of situations in which the person who authorises someone to act as his attorney can bring it to an end, some of these are- by express revocation of his authority, when the business of the agency has come to an end, if either the principal or the agent has become insolvent or of unsound mind.

2) When the agent has an interest in the Agency

Section 202 of the Indian Contract Act is applicable to such situations which states that when an agent has an interest in the agency, then the same cannot be terminated without the consent of the agent.

3) Breach of Contract

Although a PoA is something when granted is of an irrevocable nature, if there is gross mismanagement on part of the agent, if the agent breaches the terms of the contract or if the agent acts beyond the scope of the powers, then the PoA can be revoked.

Procedure to Cancel the Power of Attorney

There is a certain procedure that needs to be followed in a fixed manner in order to revoke or cancel the PoA. The following are the steps which need to be followed in order to cancel a PoA-

  • Draft a deed of Revocation of the PoA.
  • A notice of revocation of the PoA should be put in a local or national newspaper such that persons with whom the PoA has been interacting with on behalf of the authorising person is informed about the revocation.
  • The Cancellation deed will have to be registered by the same authority who registered the PoA.
  • A copy of the same has to be sent to the PoA such that he/she is informed about the same.
  • Copies of the revocation deed can also be sent to persons with whom the PoA holder has been interacting with on behalf of the principal such that they cease any business dealings with the agent.

Power of Attorney (PoA) is of two types – general and specific. There are many situations wherein the PoA can be revoked. One such situation is the end of relationship between the authorizer and attorney. If you want to cancel a granted PoA, then you need to follow the procedure for the same.

HOW LONG CAN I WAIT TO REGISTER IN GST?

The duration period of 30 days can be utilized to apply for the registration of GST since the date of liability for the same. Understand the procedure for GST registration and GST returns here.

What benefits are given to MSME by state and central government?

The subsidies that state and central governments provide to the Micro, Small and Medium Enterprises include sales tax exemption and subsidies on power and much more. More about Udyog Aadhar Registration.

What is the purpose of Tax Back Offer?

Tax back offer is an attractive incentive to influence tax payers to file their ITR forms early. Beware of free agents when filing ITR forms. More on Income Tax Return Filing

What documents are required for ISO 9001 2015?

There are certain documents (quality objectives, quality policy, QMS scope) required to remain ISO compliant. However, certain documents are not mandatory. Learn more about ISO Certification.

Whether an NGO can give loans to another NGO under the provisions of the Income-tax Act, 1961 ?

There is a provision in the Income Tax Act 1961 which gives permission to an NGO to provide loans to a similar NGO for fulfilling its prime objectives. More info on NGO Registration in india.

How to Cancel a Power of Attorney in India?

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Power of Attorney (PoA) is a way in which an individual can authorize someone else to make decisions on his/her behalf in certain matters. Usually, the necessity to have a PoA arises when there are many complicated things such as legal tasks. Here, you will get know how to cancel a PoA granted to someone on your behalf in India.

Power of Attorney (PoA) is an instrument through which a person can authorise another person to make decisions for him with regard to certain matters. It establishes a relationship which is in the nature of a principal and an agent and the person who has given the PoA is legally bound for the acts of the agent for the purposes which the agent is authorised to act on his behalf. A PoA is also defined under the Power of Attorney Act, 1882 which defines it as “any instrument empowering a specified person to act for and in the name of the person executing it”. The agent is referred to as the attorney-in-fact.

If you’re just looking around for related information on startups, government registrations, tax or legal documentation, check out the list of services we provide to make your interaction with government as smooth as is possible by doing all the legal documentation for you. We will also give you absolute clarity on the process to set realistic expectations.

 

The need to have a PoA often arises in a world where things are becoming increasingly commercial and complicated, with tasks, including legal tasks, becoming more specific. In such situations, one has to give the PoA to another person authorising them to act on their behalf. A common example is when a client gives the PoA to his lawyer to act on his behalf in a property transaction.

Get Your Property Registered

Types of Power of Attorney

Broadly there are two types of PoA- first, general PoA and second, specific PoA. When the PoA authorises the agent-in-fact to deal with an issue as a whole, it is referred to as a General PoA. Situations in which the PoA authorises the agent-in-fact to deal with a particular aspect of a subject matter is called specific PoA. In cases of specific PoA, the attorney cannot act beyond the realm of the powers that have been granted to him.

When can Power of Attorney be Revoked?

There are a number of situations through which the principal-agent relationship between the attorney and the authoriser comes to an end. There is no explicit law governing the same, hence these principles have been drawn from the Indian Contract Act, 1872 and various courts in India which have interpreted general principles of law and applied that to situations of PoA. Following are some of the ways in which it can be done-

1) By the Acts of the Principal

There are a number of situations in which the person who authorises someone to act as his attorney can bring it to an end, some of these are- by express revocation of his authority, when the business of the agency has come to an end, if either the principal or the agent has become insolvent or of unsound mind.

2) When the agent has an interest in the Agency

Section 202 of the Indian Contract Act is applicable to such situations which states that when an agent has an interest in the agency, then the same cannot be terminated without the consent of the agent.

3) Breach of Contract

Although a PoA is something when granted is of an irrevocable nature, if there is gross mismanagement on part of the agent, if the agent breaches the terms of the contract or if the agent acts beyond the scope of the powers, then the PoA can be revoked.

Procedure to Cancel the Power of Attorney

There is a certain procedure that needs to be followed in a fixed manner in order to revoke or cancel the PoA. The following are the steps which need to be followed in order to cancel a PoA-

  • Draft a deed of Revocation of the PoA.
  • A notice of revocation of the PoA should be put in a local or national newspaper such that persons with whom the PoA has been interacting with on behalf of the authorising person is informed about the revocation.
  • The Cancellation deed will have to be registered by the same authority who registered the PoA.
  • A copy of the same has to be sent to the PoA such that he/she is informed about the same.
  • Copies of the revocation deed can also be sent to persons with whom the PoA holder has been interacting with on behalf of the principal such that they cease any business dealings with the agent.

Power of Attorney (PoA) is of two types – general and specific. There are many situations wherein the PoA can be revoked. One such situation is the end of relationship between the authorizer and attorney. If you want to cancel a granted PoA, then you need to follow the procedure for the same.

HOW LONG CAN I WAIT TO REGISTER IN GST?

The duration period of 30 days can be utilized to apply for the registration of GST since the date of liability for the same. Understand the procedure for GST registration and GST returns here.

What benefits are given to MSME by state and central government?

The subsidies that state and central governments provide to the Micro, Small and Medium Enterprises include sales tax exemption and subsidies on power and much more. More about Udyog Aadhar Registration.

What is the purpose of Tax Back Offer?

Tax back offer is an attractive incentive to influence tax payers to file their ITR forms early. Beware of free agents when filing ITR forms. More on Income Tax Return Filing

What documents are required for ISO 9001 2015?

There are certain documents (quality objectives, quality policy, QMS scope) required to remain ISO compliant. However, certain documents are not mandatory. Learn more about ISO Certification.

Whether an NGO can give loans to another NGO under the provisions of the Income-tax Act, 1961 ?

There is a provision in the Income Tax Act 1961 which gives permission to an NGO to provide loans to a similar NGO for fulfilling its prime objectives. More info on NGO Registration in india.

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