Rakeshh Gawale 23 July 2022
A, B, C, and D executed an Irrevocable General PoA to an Agent Y for sale & development of their land in Nagpur in 2004. All are Hindu. A and B had 29 R, C had 1.81 H, & D had 1.81 H.
A & B died in 2007.
1) Does the PoA gets cancelled automatically?
2) If automatically cancelled, is there a need for public notice or any other process?
3) If C & D do not cancel the PoA and the agent Y sells 20 R from C's part in 2013, is it considered legal?
4) Which act clarifies these queries?
Swadha 02 August 2022
1) The principal must draft a deed/notice of revocation of the PoA. The deed must mention the reason for which the POA is being revoked, the effective date of the revocation, and the consequences of such an action.
2) Legal notice for cancellation of power of attorney must contain these essential points:
Name, descripttion, and place of residence the person or persons
Name, descripttion, and place of residence of the sender of the notice
Details of the cause of action
The detailed descripttion of the incident which raised the cause of action
The specific time for revoking the power of attorney
When does the principal send a legal notice for cancellation of power of attorney?
The scenarios include when:
The attorney does anything contrary to the terms and conditions of the Power of Attorney
The work or business is complete for which the power of attorney exists
If the principal himself/herself completes the work
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