What is the procedure to cancel registered irrevocable power of attorney?


Power of attorney is a legal instrument granted to a person which gives him or her the authority to make decision for the principal in certain matters.
A Power of Attorney gives others the right to do any legal acts that the Principal could normally do as himself or herself.

A revocable Power of Attorney which has only been notarized can be cancelled or revoked by issuing a noticeor letter of revocation to the Attorney.
The letter of revocation should mention the reason for which the power is being revoked, the effective date of revocation and the consequence thereof.
The said notice/letter should be duly served upon the Attorney. A paper publication is also advisable after issuing such letter of revocation.

The procedure for revoking Power of Attorney is-

1. The first step is issuing a notice in a local daily newspaper or even a national daily.
2. Next, 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. Lastly, the principal has to give the holder of the power of attorney the registered cancellation deed, informing him or her of the cancellation.

However, revocation of irrevocable power of Attorney would be difficult (defined so by its terms and title) especially if the Attorney has an interest in the subject matter of the Power of Attorney.

Reference: Power of Attorneys Act, 1882



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