Assigning Power of Attorney (POA) is a common practice among NRIs for managing their assets in India. However, there may be situations where revoking the POA becomes necessary. Therefore, it is essential to understand the POA and its cancellation process.
A Power of Attorney is a legal document that grants a designated individual the power to act on behalf of the person assigning the POA. The assigned individual becomes an agent and is authorized to take decisions, sign legal documents, and perform other necessary tasks related to the management of the assets.
To revoke a POA, the assignor must follow the cancellation process as per the legal requirements of the jurisdiction where the POA was created. The assignor must provide a written notice of revocation to the agent, and the agent must then return all the documents related to the POA to the assignor.
It is important to note that POA revocation must be done carefully and with legal guidance, as it can have significant consequences on the management of the assets. Legal advice from a trusted lawyer can help NRIs navigate the POA cancellation process and protect their interests.
Power Of Attorney (POA)
A Power of Attorney (POA) is a powerful legal instrument that establishes a relationship between a principal (the person who grants the POA, in this case, an NRI) and an agent (the person who is authorised by the POA). The agent has the power to take action on behalf of the principal, and this power is legally valid and recognised by all institutions.
It is highly recommended to register the POA with the sub-registrar to avoid any legal hassles in the future, especially for NRIs. A verbal POA is not valid in the court of law and should be avoided at all costs.
However, there may be situations where an NRI wants to revoke or cancel the POA. In such cases, it is important to understand the process of POA cancellation to avoid any legal issues.
In situations where it becomes necessary to cancel a Power of Attorney (POA), a revocation deed can be used. This is a legally binding document that expresses the intent to revoke the previous POA. By means of the revocation deed, the agent’s authority to make decisions on behalf of the principal is invalidated, and the principal regains full control over the subject matter of the POA.
The Power of Attorney can be revoked in the following situations:
- If the POA was granted for a specific act, time period, or business purpose and that purpose has been fulfilled or ceased to exist.
- If there is evidence of mismanagement or breach of contract by the agent.
- If either party wishes to renounce their powers under the POA.
Procedure Of Revocation Of Deed
The initial stage of revoking a Power of Attorney is to draft a revocation deed. This legal document is prepared on stamp paper or legal paper, based on the type of POA. It is advisable to seek the assistance of a lawyer who specialises in this field to draft the document, as it involves legal complexities. The revocation deed must include the names of the parties involved, along with the date and time when the POA was executed. It is crucial to specify the exact date and time from which the POA will stand revoked to avoid any confusion between the parties. While it is not mandatory to mention the reason for revocation, it is recommended to do so.
After the revocation deed is drafted, it must be served to the agent for it to be considered valid. While not mandatory, it is recommended to publish the revocation of POA in a regional or national newspaper to make it public and prevent any parties from dealing with the erstwhile agent. It may also be necessary to distribute copies of the revocation deed to parties who have dealt with the agent in relation to the subject matter, particularly for NRIs. This step ensures that everyone involved is aware of the revocation and any future dealings with the agent are not legally valid.
Registration Of Revocation Deed
If the Power of Attorney (POA) was registered with the sub-registrar, the revocation deed must also be registered with the same registrar. This is a mandatory step to give legal validity to the revocation deed, and it can be on legal or stamp paper.
It is highly recommended to seek the assistance of lawyers to ensure accuracy and adherence to legal requirements when drafting any type of Power of Attorney Revocation Deeds for NRIs. This helps prevent any conflicts or disputes from arising in the future.
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