Power of attorney
George Lobo
(Querist) 06 June 2013
This query is : Resolved
Sir,
I Had delegated P O A to sell property given to me by my brothers and sisters to a Builder by way of an irrevocable POA. Now my sisters have withdrawn their POA given to me as I delegated the same to another person .
Please let me know the procedure to cancel POA given to the builder.
ajay sethi
(Expert) 06 June 2013
Usually, if the power given was one coupled with interest, it cannot be withdrawn. Section 202 of the Indian Contracts Act contains some relevant provisions. Accordingly, if an agent has an interest in the property that forms the subject matter of the agency created via the POA, the agency cannot be terminated to the prejudice of such an interest.
The POA is irrevocable if it creates an agency coupled with interest. Where an authority or power is coupled with interest, it is irrevocable unless there is an express stipulation to the contrary.
According to the Indian Contract Act, no agency can be terminated where the agent has an interest in the property which forms the matter of the agency. To decide whether a given power is coupled with interest or not, the facts of the case and the wording of the instrument itself are relevant.
George Lobo
(Querist) 06 June 2013
Thank you for your valuable response .However under my above circumstances , what steps should I take.
