LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Amit D   17 September 2024

Irrevocable power of attorney revocation without going to court?

I had given loan to someone who had given me an irrevocable POA to be used three months after I give him notice of default. Now he has argued that the amount claimed is not correct and various other defenses in his response to my notice. He has also issued notices in newspaper to revoke the Power of Attorney and stated in letter sent to me that I should approach the Court to resolve the dispute. 

Can he do this? Can an irrevocable POA be revoked without going to Court? What grounds are there to do this?



Learning

 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     17 September 2024

An irrevocable Power of Attorney can be revoked/cancelled by the person who gave power to you.  Consult a local advocate with the document and if you gave the loan through a check, DD, or any proof you have.

1 Like

Amit D   17 September 2024

Can he just give notices in newspaper and give explanation to me that he has revoked.  He has given me 30 days saying that he will maintain status quo with respect to all properties so that I can file a suit. Is it a trick to force me to go to Court or is that required under the law? Or could he have revoked it without even giving me notice. I am getting different answers from local advocates.

T. Kalaiselvan, Advocate (Advocate)     17 September 2024

He can very well revoke the unregistered GPA deed by just issuing a notice and by a public notice in a newspaper. 

If you have given him loan why don't you file a money recovery suit on the basis of documentary evidences in your possession?

Why do you insist on enforcing GPA deed only?

The purpose is to recover money,  if he is not complying with the loan repayment conditions you are at liberty to sue him 

Amit D   18 September 2024

Thank you Adv. Kalaiselvan.  Problem is that it was registered. 

I read an interesting case on the net on implied revocation but that POA was not registered. This concept of registration of an irrevocable POA does not appear in any Act. 

Dr. J C Vashista (Advocate )     18 September 2024

GPA can be revoked at any time by the grantor/executant even if it is irrevokable. Publication in newspaper is the option available to the executant of GPA for ensuring against any action taken by attorney on behalf of executant 

However, you may claim for the outstanding amount against the grantor of GPA, if any. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     18 September 2024

If the POA deed was registered, then you may check with the encumbrance certificate that if there's any encumbrance effected due to this registration against the property mentioned in the deed, if yes then he will find problem in selling the property.

1 Like

Amit D   19 September 2024

Adv. Kalaiselvan, thank you. You are very helpful. I see you are very active on this site and helping many. God Bless You.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register