Revocation of power of attorney
Arif Iqbal
(Querist) 24 February 2016
This query is : Resolved
A partnership firm namely M/s ABC comprising of two partners namely - P1 and P2. In the year 2014 the said two partners jointly executed a registered Deed of General POA in favour of X in respect of their firm M/s ABC. Now the parners wants to revoke the said power. But partner P1 resides out of the state and is presently unable to travel.
Hence Partner P2 executed a Deed of Revocation in the name of the Firm and presented it for registration. But the registering authority is refusing to register the same on the ground that the Revocation Deed must be executed by both the partners as the original POA was executed by both of them.
In my view this parter has power under the Partnership Act to execute such deed anf get it registered.
Please guide. Let me know if there is any suitable case laws.
Rajendra K Goyal
(Expert) 25 February 2016
The partner should inform through acknowledgement / registered letter to the attorney holder that the attorney is revoked and he should not use this from this day. He should try to take back the original attorney deed.
The partner residing abroad may send his specific attorney to revoke GPA on his behalf in favor of some one in India as per procedure.
kavksatyanarayana
(Expert) 25 February 2016
I agree with the advise of Mr.Rajendra K Goyal sir.
