Adv. poa withdrawl
Dr. Shekhar
(Querist) 03 July 2014
This query is : Resolved
Kindly suggest the procedure if the petitioner who has filed the application through POA to advocate and he later wants to withdraw the POA ??
Dr. Shekhar
(Querist) 03 July 2014
I request some other expert to kindly help me with my query ?
R.K Nanda
(Expert) 03 July 2014
ask ur lawyer to give NOC to u.
Dr. Shekhar
(Querist) 03 July 2014
Thanks for reply. Could you kindly refer with the law which requires that for cancellation or revocation of POA given to your advocate the petitioner needs NOC from his advocate?
T. Kalaiselvan, Advocate
(Expert) 03 July 2014
You have stated that you given POA to your advocate to file a petition (?), for filing a petition through advocate, a vakalatnama is necessary instead of POA, please state what is your position, vakalatnama or POA? If you given a POA to anyone,the procedure to revoke or cancel the same is to issue the agent a notice by registered post with acknowledgment due informing him that you have cancelled the POA deed given to him with immediate effect and you may also inform him that any action subsequent to receipt to of this notice done by him on behalf of his principal shall be held invalid and illegal.
While posting queries, be clear and precise with proper details.
Dr. Shekhar
(Querist) 03 July 2014
My understanding is that POA and vakalatnama is same. Anyway my query is about the POA/ vakalatnama given to my advocate to represent or plead my case in family court i want to cancel. Kindly clarify the procedure?
Anirudh
(Expert) 03 July 2014
Tell your advocate in writing that you are withdrawing the Vakalatnama in his favour and request him to give a NOC.
That is the only procedure.
If does not give the NOC, then on the next date of hearing put an appearance before the Court and state that you are changing your Advocate.
malipeddi jaggarao
(Expert) 04 July 2014
If you wish to change the advocate, you have to obtain the NOC from the present advocate before giving Vakalatnama to another one. This is necessary because the earlier advocate will NOC only when there no dues regarding the fees payable to him. The court will ensure that the proper fee is paid to the earlier advocate before re-nominating some other advocate by giving fresh vakalatnama. Hence obtain NOC from your existing advocate if you wish to change him.
T. Kalaiselvan, Advocate
(Expert) 05 July 2014
This clarification could have been given during the first post itself to avoid lengthy replies.Your query has been properly addressed, nothing more to add.
