Cancellation of poa
Adv Marwal
(Querist) 16 January 2015
This query is : Resolved
My client have registered a Power of attorney in name of one of the person who have misused it and regarding this my client have written letter to Police station informing ab the forgery. Now my client have issued legal notice and public notice as well to cancel the POA but now he wants to get cancellation deed registered but sub-registrar is not ready to cancel the POA in absence of POA holder. kindly suggest other way to cancel POA. POA is revocable general POA
Satya nand aggarwal
(Expert) 16 January 2015
There is no law in which the presence of POA holder is required for canceling deed ,if he is insisting so, tell him to give it in writing, even otherwise it will be deemed to be cancelled and you can also file a suit of mandatory injunction again the POA to return the original attorney.
Devajyoti Barman
(Expert) 16 January 2015
To cancel the POA the attorney is not required. The principal is alone enough.
Rajendra K Goyal
(Expert) 16 January 2015
Attorney is not required for cancellation of POA.
ajay sethi
(Expert) 16 January 2015
agree with experts
Sailesh Kumar Shah
(Expert) 16 January 2015
It seems that poa registered by the principal as well as holder of attorney. by this reason sub-registrar refuse to revoke the same.
However, you have already revoked the poa. nothing to do further.
For only satisfaction, you can file civil suit for cancellation.
T. Kalaiselvan, Advocate
(Expert) 19 January 2015
Advised well by experts above. For cancellation of POA, the presence of agent is not required, the principal alone can cancel it, though the cancellation of the same through registrar is not mandatory. If you apprehend the agent to indulge in more such criminal activities against your interest, you may file a civil suit for mandatory injunction against the agent with the a relief for temporary injunction too.
