Kerala - Cancel Power of Attorney
- 1 Procedure
- 2 Required Documents
- 3 Office Locations & Contacts
- 4 Eligibility
- 5 Fees
- 6 Validity
- 7 Documents to Use
- 8 Sample Documents
- 9 Processing Time
- 10 Related Videos
- 11 Instructions
- 12 Required Information
- 13 Need for the Document
- 14 Information which might help
- 15 Other uses of the Document/Certificate
- 16 External Links
- 17 Others
Process for a unregistered revocable Power of Attorney
- In order to cancel unregistered power of attorney, draft a deed of Revocation.
- This non-registered deed should be notarized and duly stamped by the relevant authority.
- Such deed of revocation must mention the reason for which this power of attorney is being revoked along with the effective date of revocation and the consequences of such an action therein.
- This notice must be duly served to the Attorney for proceeding with the revocation procedure.
- A notice of revocation of the Power of Attorney should be published in a local or national newspaper.
- Furthermore, this paper publication is also required to be sent to all interested parties of the same.
Process for a registered revocable Power of Attorney
- A revocable Power of Attorney that is registered before a registrar or a sub registrar can be revoked through the Deed of Revocation.
- Once the deed is drafted. It needs to be registered at the place where the “POA” was executed.
- Such a deed is required to comprise the reason for such revocation, the effective date of the revocation and the consequence which may follow.
- Get the revocation deed registered with the respective Sub-Registrar office.
- Link for Sub registration office in the state link
- Please approach the office and confirm the date for registration.
- Procure stamp paper for registration of cancellation of Power of Attorney (POA) as per the arrived/advised value.
- On the scheduled date principal person and witnesses should go to the registrar office and wait for their turn.
- On their scheduled slot, please follow as per authorities guidelines to process.
- Please produce your ID in original before the registrar.
- After verifying the details in-person, registrar will sign the respective order.
- Principle person and witnesses should sign the registry as well as in the advised places of the document to finish the registration.
- After this deed has been drafted and registered, a copy of it must be sent to the Attorney in order to intimate them of such a revocation.
- Next, a paper publication must be necessarily made after issuing such a Deed of revocation for making sure that the public in general has intimation about the power having been revoked thereof.
- Note: All of whom involved in registration must carry originals of ID proof and address proof at the time of registration.
Process for an Irrevocable Power of Attorney
- A power of attorney with a clause in it stating that such power of attorney is irrevocable, then it can be revoked by the principal or the Power of Attorney holder.
- For revocation of irrevocable Power of Attorney, the principal or the Power of Attorney holder is required to issue a public notice through local newspapers, without which, the revocation shall stand void.
- But in the case of a breach of the power, a revocation notice can be issued and in some specific cases even a court of appropriate jurisdiction could be approached in order to bring forth the revocation of the POA.
- However, the Power of Attorney also automatically stands cancelled or revoked in case of the death, insolvency or insanity of the executor in question or even the Attorney or in such cases wherein the primary purpose of the POA has been concluded.
- However, it is important to note that it is highly difficult to revoke an irrevocable power of Attorney particularly if the Attorney in question has an interest in the subject of the Power of Attorney.
- Deed of Revocation
- Proof of Identity of both principal person and agent and also the witness (Aadhaar Card, Voter ID card, Driving Licence, etc.)
- Address Proof of Parties.
- PAN CARD
- Aadhaar card
- Copy of Power of Attorney
- Note: Apart from the above documents authorities at the registration office may ask to submit additional information or documents. Please provide them for processing.
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Office Locations & Contacts
Following are certain conditions for revocation
- Whenever the ‘Principal’ wants to revoke the ‘POA’ granted to the ‘Agent’ then they can apply for revocation.
- Either of the ‘Principal’ or ‘Agent’ becomes unsound.
- Either of the ‘Principal’ or ‘Agent’ is declared to be insolvent by a competent court of law having jurisdiction.
- The holder of the ‘POA’ wants to renounce or give away his powers.
- The purpose for the execution of such ‘POA’ is completed.
- Situations where there is ‘Implied Revocation’ mentioned in the terms of such ‘POA’ executed between the parties.
- Registration fees and stamp duty are not same in all states / UT of India.
- Please pay the fees as advised by authorities.
- Please make arrangement for the stamp paper for registration as advised / as applicable.
- Document preparation charges are the other charges incurred.
- Payment for publishing in newspaper is to be paid as applicable.
- POA always become null and void upon cancellation
- A POA also considered null and void in case of death of principal or on the expiration date specified in the document.
Documents to Use
Please attach documents which can be used by people who would like to follow this procedure.
Please attach sample completed documents which would help other people who would like to follow this procedure.
- Registration process at registrar office concludes on same day (If there was any inevitable situation it may happen on the next working day)
- Preparation of document and stamp duty (exempted)
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Videos explaining the procedure or to fill the applications. Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites. Please remove the "&" inside the tags during implementation. Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, sevenload, viddler, vimeo, youku, youtube width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed. e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M".
Please provide other instructions related to the certificate/documents. e.g. The state office holds birth records since january 1908.
Following are the required information to apply for the cancellation of POA
- Principal person name
- Principal person father name
- Contact details.
- Document details.
- Agent name
- Address of parties
- Property details (survey number, surrounding land details, size of the land etc)
- Passport Size Photograph of Parties.
Need for the Document
- A Power of Attorney is a legal document that allows a person to act as the legal agent of another and perform certain tasks on behalf of the person
- Cancellation of POA arises if the agent to whom power of attorney is given, uses such authorization to commit fraud or misrepresentation.
- The principal is not liable for any act by the agent which exceeds the authority granted to him.
- In an express revocation of Power of Attorney, whoever, whether the principal or the agent requires ending the Power of Attorney, must give reasonable notice to the other party before the revocation.
Information which might help
- A registered Power of Attorney can only be revoked by means of a registered deed.
- In any case, if there is a deficit in the stamp duty, the sub-registrar has all the rights to reject your registration procedure.
- Your original ID is required on the date of registration for verification of authenticity and will be returned on the same day.
Other uses of the Document/Certificate
Please explain what are other uses of obtaining this document/certificate. e.g. Birth Certificate can be used as proof of identity.
Place some external links which might help.
More information which might help people.