Power of Attorney (POA) is an agency instrument that empowers the Principal to appoint an Agent to execute particular acts on his behalf. POA is generally revocable. However, there are irrevocable POAs as well.
Circumstances in which POA can be revoked
If the Executor or Principal finds that the Attorney has acted beyond his powers, he/she can revoke the POA. Also, in cases where the purpose of the POA is over, the POA is revocable.
Also, in circumstances where the Attorney has died, turned insolvent, or insane, the Executor or Principal may revoke the POA at his own will. In instances where the POA is irrevocable, the Principal cannot exercise this privilege, specifically where the Attorney holds an interest in the subject matter of the POA.
Procedure for Cancellation of Power of Attorney:
If the Executor or Principal finds that the Attorney has acted beyond his powers, he/she can revoke the POA. Also, in cases where the purpose of the POA is over, the POA is revocable.
Also, in circumstances where the Attorney has died, turned insolvent, or insane, the Executor or Principal may revoke the POA at his own will. In instances where the POA is irrevocable, the Principal cannot exercise this privilege, specifically where the Attorney holds an interest in the subject matter of the POA.
Revocation of a revocable POA, registered before the registrar or sub-registrar, can transpire through a Deed of Revocation. The Revocation Deed also needs to be registered at the Principal's residence. It should also contain the effective revocation date and the consequence thereof. Once the draft and registration of Revocation Deed are ready, the Attorney must receive a copy, intimating to him/her regarding the revocation. A paper publication is advisable after issuing such Revocation Deed. It is so that the Public, in general, has intimation about the POA Revocation.
It is difficult to revoke an irrevocable power of Attorney (defined so by its terms and title), especially where the Attorney holds an interest in the subject matter of the POA. However, in case of a breach of power, a revocation notice can be issued. In particular cases, even the Court, which has appropriate jurisdiction, can be approached for such revocation.
Automatic Revocation
The POA becomes automatically rescinded in circumstances of the death, insolvency, or insanity of the executor or the Attorney. Also, in cases where the POA's purpose is over.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
