It is necessary to peruse POA to advice
mother can issue notice to agent to revoke POA
also issue public notice about revocation of POA
POA irrevocable or revocable - how to decide? Can I revoke it?
My mother has signed a POA for the general power of attorney category which was prepared by "Agent" and they have put the heading of "Irrevocable Power of Attorney" as a title but there is not a single mention of the word "Irrevocable" in the body of the POA or doesn't have an "Irrevocable Clause" in it. We both have not signed on each page of the POA. Only the last page was signed and notarized without a witness. it has one clause and I quote " To executes and sign all deeds, documents and memorandum of understanding, power of attorney as may be required for or in relation to the transfer the rights of control and ownership of the business & sale of salt works in that matter" My Mother has signed in the capacity of Proprietor of the firm & Agent is a family member. Is this POA irrevocable or revocable? Can she revoke it any how?
Asked 4 years ago in Property Law
Religion: Hindu
15 Answers
I can send you the POA, but at your first remark it is possible to revoke this kind of POA. Please share your email so that I can send you POA.
Asked 4 years ago
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You may be able to revoke the POA.
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The term ' irrevocable' does not imply anything unless the agency was coupled with interest.
For example if the landlord gives POA to builder then the builder having interest in the property has irrevocable right over the agency and even if the terms is not mentioned the andord can not cancel it at his will.
In this case the POA for gratuitous purpose and hence even if you mention this term of ' irrevocable' the Principal can cancel it at any point of time.
Even death of Principal by operation of alw brings end to the agency.
Yes POA can be revoked by specific performance suit
The power of attorney deed is not clubbed with interest or consideration hence it is very much revocable.
If the POA deed has been executed by an unregistered document, then a legal notice and a subsequent public notice ion a newspaper publication would be sufficient to revoke or cancel the POA deed.
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POA can be revoked by publication in the newspaper and has prospective effect of the same. However, content of the same requires to be looked into before giving any further opinion.
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It depends on averment of poa generally it's irrevocable
Hello!
Yes, the power of attorney can be revoked even if it is mentioned that it is irrevocable, unless there are some exceptional circumstances for eg. Where agent himself has some interest which will be defeated if the PoA is revoked. Suppose you owe some money to the Agent and give him PoA to realise his dues from the income or the business.. in such case PoA cannot be revoked.
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Irrevocable power of attorneys is rarely used and mostly limited to a specific purpose.A power of attorney is said to be revocable if the principal has the right to revoke power at any time. The agent can no longer act on the principal's behalf once the principal revokes the power. But a POA can be made irrevocable if documents include a provision which exactly says that the principal gives up the right of revocation or indicates that power is irrevocable.more clearly states that a power of attorney legally assigns someone the ability to make decisions on behalf of the person granting the authority. Unlike a revocable power of attorney, an irrevocable power of attorney cannot be revoked, except in rare circumstances.
In a notorised power of attorney there is no need a witness. From the reading from your query it is seen that the power of attorney has some defects. A Power of Attorney shall not be deemed to be an irrevocable one merely because it states, in the clauses of the deed executed for grant of such Power of Attorney, of it being irrevocable. Such Power of Attorney may be revoked by the principal or the Power of Attorney holder by the procedure according to law.
If a firm gives Power of Attorney to an agent, such power of attorney gets revoked automatically upon dissolution of the firm.if the acts done by the agent are not in good faith and are not lawful, the principal is not liable to indemnify him. In fact, if the acts of the agent are criminal, and the principal has agreed to indemnify him, such indemnification is not valid
The POA can be revoked if no consideration is involved in the execution of POA.
The document has to be read as a whole
Plz show it to some good lawyer by paying his legitimate professional fees, to ascertain whether it's an irrevocable or revocable power of attorney
Sometimes a power of attorney might contain a clause in it which states that such power of attorney is irrevocable..
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