Withdrawing the poa given to advocate in a case
Dr. Shekhar
(Querist) 30 November 2014
This query is : Resolved
Please inform the law relating to withdrawl of POA given to an advocate in any civil case
ajay sethi
(Expert) 01 December 2014
you must have given vaklatnama to lawyer to appear on your behalf . if POA given it can be revoked by you . issue public notice of revocation of power of attorney
R.K Nanda
(Expert) 01 December 2014
search google.
Anirudh
(Expert) 01 December 2014
IF you are going to engage another lawyer, then you have to prepare a fresh vakalatnama in favour of the new advocate. In that Vakalatnama, the earlier Advocate will give 'No objection' under his signature. That is the procedure.
However, in case, one wants to appear in person and handle the matter, then you have to write to the Advocate saying that you are withdrawing the Vakalatnama and take his acknowledgement. On the next date of hearing, appear before the Court, make a statement that you have since withdrawn the Vakalat given in favour of the Advocate and that you will be appearing in person. That's all.
Dr J C Vashista
(Expert) 02 December 2014
Very well advised by expert Sh. Anirudh, I fully agree and nothing more to add.
Guest
(Expert) 02 December 2014
I endorse the views of Shri Anirudh.
Dr. Shekhar
(Querist) 02 December 2014
Mr Anirudh and other experts my question is on the law relating to withdrawl of POA given to an advocate in any civil cases.
Pls kindly inform the related law and the section which deals with it
Sailesh Kumar Shah
(Expert) 02 December 2014
related law is :-
section 3 of the power of attorney act says that Any person making or doing any payment or act in good faith, in pursuance of a power-of-attorney, shall not be liable in respect of the payment or act by reason that, before the payment or act, the donor of the power had died or become of unsound mind, or insolvent, or had revoked the power, if the fact of death unsoundness of mind insolvency or revocation was not, at the time of the payment or act, known to the person making or doing the same.
Anirudh
(Expert) 02 December 2014
Dear Mr. Rakesh,
You have also to tell, what you will be doing after withdrawing All the Vakalatnamas given to the Advocate?
If you simply wants to withdraw the Vakalatnama, (leaving further course of action to yourself) then in that case, for each of the case entrusted to the Advocate, Please write a separate letter addressed to the Advocate, duly indicating the Case Title, Case No., pending before which Court etc., stating that you are hereby withdrawing the Vakalatnama given in his favour and that your case files be returned to you. DO NOT FORGET TO TAKE ACKNOWLEDGEMENT from him of your letter. In any case, if you take back all the case files, (even when he does not give you the acknowledgement), he himself will produce the letter written by you to him withdrawing the Vakalatnama in case any circumstance arises where you want to charge him that he has not taken care of the case!
Sailesh Kumar Shah
(Expert) 02 December 2014
on further post of author, It seems that poa was given, not vaklatnama.
Anirudh
(Expert) 03 December 2014
Dear Mr. Shailesh,
The POA is given in civil cases. The POA given to an Attorney/Advocate is called Vakalatnama. That's what the author means. Otherwise, he could have simply stated that POA given instead of in civil cases that too to an Advocate.
Therefore, i am sure, what the querist concerned about is the 'Vakalatnama' given to an Advocate to handle civil cases.
Dr. Shekhar
(Querist) 03 December 2014
Dear mr Anirudh, Thanks for your reply on procedure to withdraw poa. Could you kindly mention the supporting section and law which mentions the procedure as mentioned by you? Thanks so much Regds
T. Kalaiselvan, Advocate
(Expert) 05 December 2014
In my opinion, the author is mentioning about the POA given to an advocate which is other than a Vakalatnama (?), if it is so, there was no need to mention with reference to the word 'Advocate', it is as good as a power to given by the principal to his agent, the agent may be an advocate that is immaterial.
For your information, shall furnish some excerpts from the Powers of Attorney act, 1882 in this regard:
to cancel your POA you must state in writing that you are 'revoking' it. There is no special form for this statement, which is referred to as 'revocation'. but it must be signed and witnessed by two people, the same way as your power of attorney.
After cancellation of the POA, give this revocation statement to your attorney. You should also inform everyone who is involved with the related matter. You may also wish to consider to having a lawyer notice served under registered post of the revocation to prevent any unauthorised dealings. It is also a good idea to get the original POA back from your attorney and destroy it.
Hope this is what you are looking for?
Advocate. Arunagiri
(Expert) 05 December 2014
The author has to clarify whether he means Vakalatnama or a different POA.
Dr. Shekhar
(Querist) 17 December 2014
Dear Mr Kalaiselvan, Many thanks for your so satisfactory reply.
To summarise as to what I understand:
To revocate POA in civil family law cases given to an advocate:
1) I should state my intention to revoke the POA already given to that advocate with his name, date, with all details of case and on simple paper (as there is no presc. form)
2)One copy of this is to be filed in court or else can be given to Hon. judge on next hearing date.
3)One copy of this POA revocation to be sent by registered/ speed post to the concerned advocate with request to him to return the original POA along with the case file.
Kindly confirm and thanks so much.
