Irrevocable POA
Dhanesh
(Querist) 27 June 2009
This query is : Resolved
Respected Sir/Madam,
I have signed a irrevocable Power of Attorney, which mentioned that I cannot proceed with the sale of the concerning immovable property (located in Mumbai), without the consent of the agent.
However, no other interest of agent was mentioned. Power of attorney is neither signed by any witness nor registered.
Now, even though I want to settle the dispute, the agent is not willing to give his consent.
Can I settle the property issue without agent's consent ? Can I cancel the POA ? Can the agent file case against me, if I settle the dispute without his consent?
I am confused, Please Help!
Thank you.
A V Vishal
(Expert) 27 June 2009
Dear Dhanesh,
Since no interest is created in the subject property on account of the GPA to the agent, you can revoke the GPA, kindly consult your lawyer and issue a notice informing him about the same, if possible in order to avoid future disputes, publish the revocation in 2 leading newspapers at the place where you reside.
PALNITKAR V.V.
(Expert) 27 June 2009
The POA can not restrict the right of the master who gave the power of attorney. The concept of POA is to authorize someone to do something which the master can do but wants to do it through the attorney for some specific reasons. The POA can not take away the rights of the master. So you can go ahead with the deal even without cancellation of the POA and without taking consent of the POA.
J K Agrawal
(Expert) 28 June 2009
an irrevocable power of attorney is always revocable.
You can revoke it when you wish without consent of any body. Simply inform him about revocation and demand original POA. Paper publication is a supporting evidence.
Y V Vishweshwar Rao
(Expert) 04 July 2009
If No Interest for consideration , is created by principal in favour of Agent , the GPA can be revoked !
Some interest (by sale agreement ) for cosnideration is created in favour of the Agent by the Principal , the GPA/POA is not only GPA/POA it is also a document creating rights in GPA , the same can not be cancelled by one side .
Terms of he Document /GPA /POA to be cosnidered !
