Power of Attorney (irrivocable)
Rameshchandran
(Querist) 01 July 2008
This query is : Resolved
dear Brothers of Legal fraternity,
Kindly give some details with regard to the Irrivocable Power of Attorney. What is the silent features of the same and what is the distinction between it with general and special power of Attorney. What are all ingredients should be there to constitute a Irrecocable Power of Attorney. I also request the brothers to give me a format of the Irrevocable Power of Attorney.
Please treat this as urgent.
Thanking you
Yoours truly,
Rameshchandran
B.S.L, LL.B, M.P.M
amit gupta_lawyer
(Expert) 01 July 2008
first i need to clarify that irrevocable clause in the power of attorney is to make sure that no other power of attorney would superceed this power of attorney and the person would not call of this attorney till his death or completion of the purpose for which this power of attorney is given and the general power of attorney is basically to assign power to act on his behalf regarding general purposes but special power of attorney is specific about the situation where the person assign his power to some one to act on his behalf in that given situation only and nothing else.
R.S.Rajesh
(Expert) 01 July 2008
There is no such term called "irrevocable power of attorney" in law. There is General Power of Attorney and Specific Power of Attorney. The word "irrevocable" is only an undertsanding between the executants. If the power given in the instrument is irrecovable in nature as between the parties to the instrument, it means it will not be revoked. Howevr, it is different from an equitable assignmnet or the power of attorney coupled with interest. Therefore, the format of the general power of attorney can be made use off with the words Irrevocable.
Srinivas.B.S.S.T
(Expert) 02 July 2008
give me the deatils sir so that i can send you a draft. As my learned friend Amit said what caluse you want to make irrevocable. If you means that the GPA pertaining to land then we have to show that the entire consideration was received and the possession was delivered. If it is for some other cause. plese furnish the details.
arunprakaash.m.
(Expert) 02 July 2008
Irrevocable POA means it is the intention of donor to give power to the donee for a long periond of time with no intention of revoking the same.
anantha krishna n.v. Advocate
(Expert) 04 July 2008
Power of attorney is a document executed by the PRINCIPAL conferring certain rights and duties to another person i.e. AGENT.
If the powers given are multifarious and not restricted for a specific purpose it is generally called as GENERAL POWER OF ATTORNEY ( enter into agreements, look after my bank accouts, pay my bills, get the house loan and all that is under the sun)
If the power is restricted to one or very few items ( say present the documents to registration office or get a building plan approved, or attend a court proceedings etc., ) where the purpose of delegation is SPECIFIC it is generally reffered to as SPECIFIC OR SPECIAL POWER OF ATTORNEY.
Mind you, both are just POAs only. No big difference.
Coming to the Irrevocable clause.
If the above said POAs contain a clause something like " This power of attorney is irrevocable" then it means that the PRINICIPAL cannot cancel the POA without the knowledge of the AGENT. Irrevocable does not mean SURRENDERING RIGHTS FOR EVER. they can be cancelled ONLY AFTER NOTICE and acts done by AGENT under the POA authority are binding on the Principal till the notice is received by him.
In case this clause is missing, that POA is a revocable POA.
That is all.
anantha krishna n.v. (Advocate, Hyderabad, 9246531895)
Manish Singh
(Expert) 07 July 2008
Only putting in the term irrevocable does not mean that the PoA becomes irrevocable.
to be an irrevocable PoA, the nature shall be such to make the PoA IRREVOCABLE. Mr. Rajessh is right in his opinion.
If any furtherance of work has been done under the PoA BY THE attorney and the nature is as such that it can not be reverted, then such work done becomes irrevocable. And if such work is done to the extent that the poa can not ve revoked now, then such poa becomes ireevocable.
anantha krishna n.v. Advocate
(Expert) 09 July 2008
With due respects Manish,
whether or not it is irrevocable, all acts done before revocation is binding on the principal provided they are within the authority granted.
the distinction is only about the method fo revocation.
I am open for correction sir
anantha krishna n.v. (Advocate, Hyderabad, 9246531895)
Manish Singh
(Expert) 15 July 2008
Dear Mr. Krishna,
Yes you are right that all acts done by the attorney become binding but irrevocability is determined by the nature of the poa and the work done by the attorney in furtherance of the same.
some rules have been kaid down by the SC in this regard.
Ashey
(Expert) 03 April 2009
when a Power of Attorney is executed for some consideration it cannot be revoked unilaterally untill the consideration given back
Hiralal Das
(Expert) 06 April 2009
I do agree with views of our ld. members. Thanks all of you.
