Revocation of power of attorney

1. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
A S SANGEETHA
REVOCATION OF POWER OF ATTORNEY –
ITS IMPLICATION

2. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
What is a Power of Attorney ?
• If for some reason a person is unable to execute a document himself, he
may authorize a third party to execute such document on his behalf by
mode of granting the said third party, Power of Attorney. It is regulated
by the Power of Attorney Act, 1882 and other relevant laws in India.
A Power of Attorney may be:
• General Power of Attorney, if the principal grants the Power of
Attorney holder all such powers which are necessary to accomplish the
objects for which such Power of Attorney is given.
• Special Power of Attorney, if the principal wants the Power of Attorney
holder to exercise only such powers as are specified in the Power of
Attorney deed.
It is important to know the procedures and legalities involved
in revocation once Power of Attorney is granted to an agent,
to avoid any misuse of power.

3. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Kinds of Power of Attorney: A
Perspective on Revocation
A power of attorney, depending upon the clauses of the deed
executed, may be –
• Revocable: If the Power of Attorney is revocable at the will of the
principal.
• Irrevocable: If the Power of Attorney is not revocable at the will
of the principal.

4. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Steps: Revocation of Power of
Attorney

5. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Revocable Power of Attorney
Generally, the principal has the right to terminate the Power of
Attorney whenever he wills to do so. Some of the conditions for
revocation are ( by virtue of Section 201 of the Indian Contract Act,
1872):
• If the principal revokes the Power of Attorney granted to the agent.
• If either the principal or the Power of Attorney holder or both
become unsound of mind, die or is/are adjudicated as insolvent by
the court.
• If the Power of Attorney holder renounces his powers.
• If the business for which the Power of Attorney was granted gets
completed.
Power of Attorney may also be revoked if there is an implied
revocation of the Power of Attorney or in case of time barred agency,
the term of the Power of Attorney expires.

6. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
When Can I Revoke a Previously Issued Power Of Attorney?
• There is no limitation on when you can revoke a POA. The Grantor is free to revoke
the power as and when he sees fit. If you feel that you may become incompetent in the
near future or if you feel death is imminent, it is wise to revoke the POA, unless the
POA previously issued was of a Durable nature and you want it to remain.
• The Grantor is under no obligation to provide any explanation as to why you chose to
revoke the powers.
Making a Revocation Legally Valid and Enforceable
It is fairly simple to make a legally valid Revocation of Power of Attorney. All
you need to do is carry out the following steps-
• Draft a deed for Revocation of Power of Attorney.
• If the Power of Attorney you wish to revoke was notarized or registered, you will need
to do the same for the Revocation document as well.
• Send a copy to the Attorney. Keep in mind the revocation is effective if it is received by
the Attorney. Sending it via registered post would be ideal.
• Send a copy of the Revocation of Power of Attorney to banks/institutions where the
Attorney may have acted on your behalf.
• Send a copy to where the POA was registered. Eg deed registry, land titles office etc.
• Preserve a copy for yourself in a safe place.
- Contd.

7. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Irrevocable Power of Attorney
A power of attorney may have a clause in it stating that such power
of attorney is irrevocable.
A Power of Attorney shall not be deemed to be an irrevocable one
Merely because it states, in the clauses of the deed executed for
grant
of such Power of Attorney, of it being irrevocable. Such Power of
Attorney may be revoked by the principal or the Power of Attorney
holder by the procedure according to law.
For revocation of irrevocable Power of Attorney, the principal is
required to issue a public notice through local newspapers, without
which, the revocation shall stand void.

8. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
However, in the following cases a principal cannot revoke a Power
of Attorney:
• Where the Power of Attorney holder, i.e. the agent himself has
an interest in the subject matter of the Power of Attorney. For
revocation of the Power of Attorney falling under this category,
consent of the Power of Attorney holder is mandatory.
• Where the agent has partly exercised the act for which Power of
Attorney was granted, he cannot be stripped with the right for
the act which he already exercised. [1]
- Contd.

9. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Which Section?
Section 202 of the Indian Contract Act and Revocation of Power
of Attorney
“Where the agent has himself an interest in the property which forms
the subject matter of the agency, the agency cannot, in the absence of
An express contract, be terminated to the prejudice of such interest.”
Therefore, by virtue of this section, a power of attorney can not be
revoked by the principal without the consent of the agent if the
agent has an interest in the subject matter of the Power of Attorney.
Moreover, such Power of Attorney is not deemed to revoked even
after death or insanity of the principal.

10. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
- Contd.
To understand situations where Power of Attorney can be said
to be coupled with interests, the following case may be
referred to:
The Supreme Court of India, in Seth Loon Karan Sethiya v. Ivan
E. John held that the agency cannot be revoked where such
agency is created in exchange for some valuable consideration and
the authority granted by the agency is to secure the interests of the
agent or to effectuate the security against such consideration.
Therefore, in a case where the agent himself has an interest in the
property, the agency can not be terminated unless there is an
express
contract for such termination, to the prejudice of the agency holder.

11. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Some of the important things to know about the revocation of a
Power of Attorney are:
1. Notice:
In an express revocation of Power of Attorney, whoever, whether
the
principal or the agent requires to end the Power of Attorney, must
give reasonable notice to the other party before the revocation.
Upon failure to do so, all the costs of damages caused on account of
Such failure, incurred by the other party to whom such notice was
owed, shall be made good by the party who failed to fulfill his
obligation to give such notice. Reasonability of the notice differs
from case to case, depending upon the clauses of the deed.
An implied revocation does not require a prior notice.
Revoking Power of Attorney

12. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
2. Unregistered Power of Attorney vis-a-vis Registered Power of Attorney:
A Power of Attorney may be registered or unregistered. The Procedure for
revocation of both of them are different, as discussed below:
• Registered: A registered Power of Attorney can only be revoked by means of
a registered deed.
• Unregistered: An unregistered Power of Attorney can only be revoked by an
unregistered instrument of revocation. Apart from that it is required to issue
a public notice regarding such revocation through local newspapers, without
which, the revocation shall stand void.
3. When the Power of Attorney is executed jointly:
If the Power of Attorney is executed jointly by several people, it is not valid for
one of the principals to effectuate the revocation of the agent without the consent
of the others. However, if the joint execution is executed severally, revocation by
one of the principals of the agent is valid.
- Contd.

13. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
4. When the Power of Attorney is executed in favour of two or more
people:
In a case where the Power of Attorney is executed in favour of one or more
people jointly but one of the agents die, the remaining agents cannot exercise
the Power of Attorney. However, if such execution is jointly and severally, the
remaining agents can validly exercise the authority granted to them by the
Power of Attorney.
5. Power of Attorney given by a Firm:
If a firm gives Power of Attorney to an agent, such power of attorney gets
revoked automatically upon dissolution of the firm.
- Contd.

14. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Conclusion
As much important the concept of Power of Attorney is to facilitate
the principal to carry on his work even without actually being
present at the place where such work is to be done, so is the right of
the principal to revoke it to avoid any harm to his interest by the
agent. While in most of the cases revocation is possible, there are
some exceptions to it. Before giving someone or accepting the power
of attorney, the principal/agent should be aware of these conditions.

15. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com