How can Power of Attorney be revoked?

A power of attorney can be revoked by executing a revocation deed in the same manner as the power of attorney was executed. It needs to be signed by the principal and sent to the beneficiary.

 

A Power of attorney will also be revoked in the following situations -

a. Death of the principal; except in cases of durable power of attorney.

b. If principal becomes bankrupt or insane.

c. On mutual agreement between the principal and agent.

d. If the agent renounces his or her rights under the power of attorney.

 

• In an express revocation of Power of Attorney, whoever, whether the principal or the agent requires to end the Power of Attorney, must give reasonable notice to the other party before the revocation. Upon failure to do so, all the costs of damages caused on account of such failure, incurred by the other party to whom such notice was owed, shall be made good by the party who failed to fulfill his obligation to give such notice. Reasonability of the notice differs from case to case, depending upon the clauses of the deed.

 

• An implied revocation does not require a prior notice.

 

Procedure to revoke Power of Attorney

1. This can be done by firstly issuing a notice in a local daily newspaper or even a national daily.

2. The donor of the power of attorney will have to get a registered cancellation deed (registered from the office of the respective sub-registrar).

3. After that, the principal has to give the holder of the power of attorney the registered cancellation deed, informing him or her of the cancellation.

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