Ashish 19 May 2017

Revocation of power of attorney

I had given a Power of Attorney to a relative.

I revoked it through an advertisement or notice or whatever it is called, drafted by an advocate, published in a newspaper.

Later there was litigation among us.

During deposition he admitted that the Power of Attorney was revoked. So I remained cool and did not do anything else about it.

Now he is claiming that the revocation procedure was not followed. 4 years have passed since it was revoked.

Is he not estopped by conduct (Estoppel by Conduct) from taking a contrary position now? I mean three years back he admitted during his cross-examination that the Power of Attorney was revoked. Is that admission not enough to prevent him from using the PoA? What happens if he still uses it?

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3 Replies

Ashish 19 May 2017

If the Power of Attorney was registered, is it mandatory that the cancellation also has to be registered even if the receiver of the power has not raised an objection and admitted that the Power of Attorney stands revoked? Can such recipient now claim that the revocation was invalid?

I am looking for specific judgment or some definite grounds for this...

Dr J C Vashista (Advocate) 19 May 2017

Just intimation qua revocation of POA to the attorney is sufficient, no need to prove or getting cancelllation registered.

If the attorney takes any action on behalf of Principal after revocation of attorney, it is illegal and invalid for that he (agent) is himself responsible.

Ashish 19 May 2017

Dr. J. C. Vashista, thank you. I came across some discussion that if the POA was registered then the cancellation should also be. Which act covers revocation of Power of Attorney to sell immovable property? I mean if this is discussed before a Judge, which act would be applicable? There is Power of Attorney Act, Registration Act, Transfer of Property Act, Contract Act, etc.

I have not seen any discussion, in depth, on this topic.